::1:: APHC010349142026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] THURSDAY, THE 23rd DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5614/2026 Between: 1. UPPU BHARATHI RAJA, S/O. GANGADHARA RAOAGED ABOUT 37 YEARS, R/O. FLAT NO.402,VASANTHA NILAYAM, BALAJI NAGAR, SIRIPURAM,VISAKHAPATNAM, ANDHRA PRADESH. 2. UPPU GANGADHARA RAO, S/O. LATE VEERRAJU,AGED ABOUT 71 YEARS, R/O. D.NO. 31-35-43,VIVEKANANDA COLONY, NEELAM VEPA CHETTU DOWN,ALLIPURAM, VISAKHAPATNAM, ANDHRA PRADESH. 3. UPPU SRI LALITHA, W/O. GANGADHARA RAO,AGED ABOUT 58 YEARS, R/O. D.NO. 31-35-43,VIVEKANANDA COLONY, NEELAM VEPA CHETTU DOWN,ALLIPURAM, VISAKHAPATNAM, ANDHRA PRADESH. 4. UPPU VIJAYA BHARGAV, S/O. GANGADHARA RAO,AGED ABOUT 29 YEARS, R/O. D.NO. 31-35-43,VIVEKANANDA COLONY, NEELAM VEPA CHETTU DOWN,ALLIPURAM, VISAKHAPATNAM, ANDHRA PRADESH. 5. TADIMETI VENKATA MANIKRISHNA NAGA SAI, S/O. LAKSHMIPATHI KUMAR SASTRY,AGED ABOUT 37 YEARS, R/O. D.NO. 31-35-43,VIVEKANANDA COLONY, NEELAM VEPA CHETTU DOWN,ALLIPURAM, VISAKHAPATNAM, ANDHRA PRADESH. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, THROUGH ITS PUBLIC PROSECUTOR,HIGH COURT OF ANDHRA PRADESH, ::2:: AMARAVATI,THROUGH STATION HOUSE OFFICER,III TOWN POLICE STATION, VISAKHAPATNARN,A.P. 2. SAJJA PRIYA, W/O. UPPU BHARATHI RAJA,AGED ABOUT 29 YEARS, R/O. FLAT NO.202,SAI SIRI NIVAS APARTMENT, SEETHAMMADHARA,VISAKHAPATNAM, ANDHRA PRADESH. ...RESPONDENT/COMPLAINANT(S): Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to quash the FIR No. 90 OF 2023 dated 28.06.2026 of III Town Police Station, Visakhapatnam Town and District, for the offence Under Section 85, 115(2) BNS, 3,4 DP Act, and pass IA NO: 1 OF 2026 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased pleased to dispense with filing of the certified copy of the FIR in Cr. No. 90 OF 2023 dated 28.06.2026 of III Town Police Station, Visakhapatnam Town and District, and pass IA NO: 2 OF 2026 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased pleased to stay all further proceedings pursuant to the FIR No. 90 OF 2023 dated 28.06.2026 of III Town Police Station, Visakhapatnam Town and District, including the appearance of the Petitioners/Accused No.1 to 5, till the disposal of the Quash Petition, in the interest of the justice and pass Counsel for the Petitioner/accused(S): 1. VINOD KUMAR PEMMASANI Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2. MOCHERLA DEEPAK BHARGAVARAM ::3:: THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5614/2026 The Court made the following Order: Instant Criminal Petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhitha, 2023, has been filed on behalf of the petitioners herein, seeking to quash the proceedings in Crime in FIR No.90 of 2026 of III Town Police Station, Visakhapatnam Commissionerate, Visakhapatnam District, for the offence punishable under Sections 85, 115(2) of the Bharatiya Nyaya Sanhitha, 2023 and Sections 3 and 4 of Dowry Prohibition Act, 1961. 2. Learned counsel for the petitioners, after arguing for some time, has confined his argument to the extent of protecting the petitioners herein from the police on the ground that the offences alleged are punishable with imprisonment of less than seven (07) years and prays this Court to direct the police to follow the procedure as contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023. 3. On the other hand, learned Assistant Public Prosecutor did not oppose the same and concurred with the submission made by the learned counsel for the petitioners for the reason that the offences alleged are punishable with imprisonment of less than seven years. 4. Heard. Perused the entire available material on record. ::4:: 5. Since the offences alleged are punishable with imprisonment of less than seven years and in view of the no objection expressed by the Assistant Public Prosecutor, this Court directs the respondent/police to follow the procedure as contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponding to Section 41A Cr.P.C., scrupulously as per the guidelines enunciated in Arnesh Kumar Vs. State of Bihar and another1, which was reiterated in the judgment of the Hon’ble Apex Court in Satendar Kumar Antil Vs. Central Bureau of Investigation and Another 2 . If it is noticed in the course of investigation that the petitioners have committed any offence which is punishable with imprisonment beyond seven years, the investigating officer is at liberty to proceed in accordance with the law. 6. Accordingly, this Criminal Petition is disposed of. Interlocutory applications, if any, pending shall stand closed. ______________________________ MAHESWARA RAO KUNCHEAM, J Dated: 23.07.2026 krk 1 (2014) 8 SCC 273 2 2026 SCC OnLine SC 162 ::5:: THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM 58 CRIMINAL PETITION NO: 5614/2026 Dt: 23.07.2026 krk