APHC010350632026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE 27th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5659 OF 2026 Between: 1. Allagadda Ram Prasad Gupta, S/o Suryakantham SettyAged about 60 yearsPathikonda Town and Mandal,Kurnool District, Andhra Pradesh - ...Petitioner AND 1. The State of Andhra Pradesh, rep. by its Public Prosecutor,High Court Buildings, Amaravathi,Guntur District, AP. - 518003 2. Sandeep Amaravathi, S/o SathagnuduAged 46 years,Pathikonda Town and Mandal,Kurnool District, Andhra Pradesh - ...Respondents 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 Court pleased to quash all proceedings in Cr. No. 62 of 2026 U/s 420, 406 and 506 IPC on the file of Pathikonda Police Station, Kurnool District, and pass 2 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 to stay all further proceedings in Cr. No. 62 of 2026 U/s 420, 406 and 506 IPC on the file of Pathikonda Police Station, Kurnool District, pending disposal of the criminal petition and pass Counsel for the Petitioner: J.JYOTHI Counsel for the Respondents: PUBLIC PROSECUTOR 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5659 of 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 petitioner herein (Accused), seeking to quash the proceedings in FIR in Crime No.62 of 2026 of Pathikonda Police Station, Kurnool District for the offences punishable under Section 420, 406 and 506 of Indian Penal Code, 1860. 2. Learned counsel for the petitioner, after arguing for some time, has confined his argument to the extent of protecting the petitioner 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 petitioner for the reason that the offences alleged are punishable with imprisonment of less than seven years. 4 4. Heard. Perused the entire available material on record. 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 Another2. If it is noticed in the course of investigation that the petitioner has 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. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 27.07.2026 PSA 1 (2014) 8 SCC 273 2 2026 SCC OnLine SC 162 5 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5659 of 2026 Date: 27.07.2026 PSA