APHC010325862026 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: 5227/2026 Between: 1. MEDASANI YESWANTH PHANI, S/O. VENKATESWARA RAO, AGED ABOUT 32 YEARS,OCC BUSINESS, R/O SRIMITHRA JEWEL APARTMENTS,TADIGADAPA, PENAMALURU MANDAL, KRISHNA DISTRICT, A.P. 2. MEDASANI VENKATESWARA RAO, ,S/O. VENKATA KUTUMBA RAO, AGED ABOUT 63 YEARS,OCC ADVOCATE, R/O SRIMITHRA JEWEL APARTMENTS,TADIGADAPA, PENAMALURU MANDAL, KRISHNA DISTRICT, A.P. 3. MEDASANI SURESH, ,S/O. NARAYANA RAO, AGED ABOUT 33 YEARS,OCC BUSINESS, R/O SRIMITHRA JEWEL APARTMENTS,TADIGADAPA, PENAMALURU MANDAL, KRISHNA DISTRICT, A.P. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, , REP. BY ITS PUBLIC PROSECUTOR,HIGH COURT OF A.P. AT AMARAVATHI 2. P VANDANA, , W/O. K.SRIDHAR,AGED ABOUT 45 YEARS, OCC HOUSEHOLD,R/O. SRIMITHRA JEWEL APARTMENTS, TADIGADAPA,PENAMALURU MANDAL, KRISHNA DISTRICT,A.P. DEFACTO COMPLAINANT ...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 Court prayed that this 2 Hon’ble Court may be pleased to quash the proceedings against the petitioners in Crime No.325 of 2026 on the file of Penamaluru Police Station, Krishna District. being in abuse of process of law and Court 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 the filing of the certified copy of FIR & Complaint in Crime No.325 of 2026 on the file of Penamaluru Police Station, Krishna 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 leased to stay all further proceedings in Crime No.325 of 2026 on the file of Penamaluru Police Station, Krishna District, including arrest of the Petitioners / Accused 1 to 3 Pending disposal of the main criminal petition. And pass s Counsel for the Petitioner/accused(S): 1. SUDHAKARA RAO AMBATI Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2. SARIPUDI RAJA MOULI 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5227 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, seeking to quash the proceedings in Crime in FIR No.325 of 2026 of Penamaluru Police Station, Krishna District, for the offence punishable under Sections 74, 79, 351(2) read with 3(5) of the Bharatiya Nyaya Sanhitha, 2023. 2. No representation for the petitioners. 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 Suraksha Sanhita, 2023 corresponding to Section 41A Cr.P.C., scrupulously as per the 4 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. ____________________________________ 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 59 CRIMINAL PETITION NO: 5227 of 2026 Date: 28.07.2026 krk