APHC010352752026 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: 5688 OF 2026 Between: 1. Gandham Bhaskar Reddy, S/o. Late Rami Reddy,Aged about 59 years,R/o. R. Nagulavaram VillageRudravaram Mandal,Nandyala District. 2. Gandham Chanakya Reddy, S/o. Bhaskar Reddy,Aged about 30 years,R/o. R. Nagulavaram VillageRudravaram Mandal,Nandyala District. 3. Singathala Kasi Reddy, S/o. Chinna Narayana Reddy,Aged about 40 years,R/o. R. Nagulavaram Village,Rudravaram Mandal,Nandyala District. 4. Gandham Lakshmi Narayamma, W/o. Bhaskar Reddy,Aged about 55 years,R/o. R. Nagulavaram Village,Rudravaram Mandal,Nandyala District. ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by itsPublic Prosecutor, High Court of APat Amaravati. 2 2. Priyanka Sokkam, D/o. Kondaiah, aged about 32 yearsR/o. Ahobilam Village,Allagadda Mandal,Nandyala District. ...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 the case against the Petitioners/Accused No.1 to 4 in Cr.No.5 of 2026 on the file of Allagadda Rural Police Station for the offences U/s.115(2), 79 r/w. 3(5) of BNS 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 leased to stay all further proceedings including appearance of the Petitioners in connection with FIR in Cr.No.5 of 2026 on the file of Allagadda Rural Police Station pending disposal of Criminal Petition before the Hon’ble Court Counsel for the Petitioners: PADALA VENKATA SRIRAM REDDY Counsel for the Respondents: PUBLIC PROSECUTOR 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5688 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 petitioners herein (A1 to A4), seeking to quash the proceedings in FIR in Crime No.5 of 2026 of Allagada Rural Police Station, Nandyal District for the offences punishable under Section 115(2) and 79 read with Section 3(5) of the Bharatiya Nyaya Sanhitha, 2023. 2. Learned counsel for the petitioners submits that pursuant to the Order dated 13.07.2026, he has taken notice on respondent No.2 and file a memo of proof of service to that effect. 3. Despite service of notice, none represented respondent No.2. 4. 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 4 procedure as contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023. 5. 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. 6. Heard. Perused the entire available material on record. 7. 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 petitioners have committed 1 (2014) 8 SCC 273 2 2026 SCC OnLine SC 162 5 any offence which is punishable with imprisonment beyond seven years, the investigating officer is at liberty to proceed in accordance with the law. 8. Accordingly, this Criminal Petition is disposed of. Interlocutory applications, if any, pending shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 27.07.2026 PSA 6 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5688 of 2026 Date: 27.07.2026 PSA