APHC010334232026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] TUESDAY, THE 28th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5323/2026 Between: 1. ARAVA BHANUBEE, W/O ABDUL RAHEEM AGED ABOUT 40 YEARS, OCC HOME MAKERR/O DALAVAYA PALLI, PULLAMPETA Y.S.R KADAPA DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTOR,HIGH COURT OF ANDHRA PRADESH. 2. NAGOOR VALI SHAIK, S/O NOT KNOWN TO THE PETITIONER AGED ABOUT 30 YEARS, OCC BUSINESS R/O 32-42-9/7, GULAM MOHIDDIN NAGAR, VIJAYAWADA. ...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 call for the records in crime No. 258 of 2024 on the file of Suryaraopet Police Station, N.T.R. Commissionerate and quash the same the Petitioner/Accused No.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 pleased to dispense with filing of the original certified copy in F.I.R No. 258 of 2024, dated 02.11.2024, On the file of the Suryaraopet Police Station, N.T.R. Commissionerate before this Hon’ble Court 2 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 No. 258 of 2024 on the file of Suryaraopet Police Station, N.T.R. Commissionerate Counsel for the Petitioner/accused: 1. RAMALAKSHMANA REDDY SANEPALLI Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5323 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, seeking to quash the proceedings in Crime in FIR No.258 of 2024 of Suryaraopet Police Station, NTR Commissionerate, for the offence punishable under Sections 356(2), 353(3) of the Bharatiya Nyaya Sanhitha, 2023 and Section 66 Information Technology Act, 2000-2008. 2. Learned counsel for the petitioners, 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: 28.07.2026 krk 1 (2014) 8 SCC 273 2 2026 SCC OnLine SC 162 5 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM 47 CRIMINAL PETITION NO: 5323 of 2026 Date: 28.07.2026 krk