APHC010366622026 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: 5918 OF 2026 Between: 1. Vissa Usha Rani, W/o Manikyala rao Aged 34 years, OccAccountantResiding at 5-6-137/1/88/1, Devi nagarRoad No.3, Kukatpally, Hyderabad-500072Telangana state 2. Thanukula Devi, W/o BalajiAged 34 Years, Occ Home maker,Residing at D.No. 1-8, Kalipatnam East village,Mogalthuru Mandal,West Godavari District - 534281Andhra Pradesh ...Petitioners AND 1. The State of Andhra Pradesh, Assistant Sub-Inspector/Officer-in- Charge,Palakollu Town Police Station, Palakollu Mandal,West Godavari District, Andhra PradeshRep. by its Public Prosecutor, High Court of Andhra PradeshNelapadu, Amaravati, Andhra 2. Kathula Alias Alapati Venkata Keerthi, Residing at Door.No. 5-149Ambati Van i Street, Near RamalayamKontheru, Palakollu Rural MandalWest Godavari DistrictAndhra Pradesh - 534260Presently, residing at 12th ward, Surya Tejas Nagar,Palakollu, West Godavari District, A.P - 534260, 7032285679 ...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 2 Criminal Petition, the High Courtpleased to Quash the Crime (F.I.R) No.110/2026, dated 08-07-2026, registered by the Assistant Sub-inspector of Police/Officer-in-C harge, Palakollu Town Police Station, West Godavari District, Andhra Pradesh, for the alleged offence under Section 85, 308(5) r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023 ('BNS') and Sections 3,4 of the Dowry Prohibition Act, 1961, as far as against the petitioners/A5 & A6 are concerned, and to 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 F.I.R No.110/2026, dated 08-07-2026, registered by the Assistant Sub- Inspector of Police / Officer-in-Charge, Palakollu Town Police Station, West Godavari District, Andhra Pradesh, for the alleged offence under Section 85,308(5) r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023 ('BNS') and Sections 3,4 of the Dowry Prohibition Act, 1961, in the above Criminal Petition, 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 in Crime (F.I.R) No.110/2026, dated 08-07-2026, registered by the Assistant Sub- Inspector of Police / Officer-in-Charge, Palakollu Town Police Station, West Godavari District, Andhra Pradesh, for the alleged offence under Section 85,308(5) r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023 ('BNS') and Sections 3,4 of the Dowry Prohibition Act, 1961, including appearance of the petitioners/A5 & A6, pending disposal of the above criminal petition, and pass Counsel for the Petitioners: LEO LAW ASSOCIATES LLP,VENKATESWARLU GADIPUDI Counsel for the Respondents: MEDAPATI SANTOSH REDDY Counsel for the Respondents:PUBLIC PROSECUTOR 3 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.110 of 2026 of Palakollu Town Police Station, West Godavari District, for the offence punishable under Sections 85, 308(5) read with 3(5) of the Bharatiya Nyaya Sanhitha, 2023 and Sections 3 & 4 of the 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. 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 4 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 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: 27.07.2026 BSM 1 (2014) 8 SCC 273 2 2026 SCC OnLine SC 162 5 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5918 OF 2026 BSM Dt: 27.07.2026