APHC010295192026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE 29th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 4734 OF 2026 Between: 1. Kondamadugula Ratnareddy, S/o Venkata Reddy,Aged about 51 years,R/o D.No, 4-22-77, 4 Lane, Gowtham Nagar,Koritepadu, Guntur. ...Petitioner AND 1. The State of Andhra Pradesh, Station House Officer, Arundelpet P.S., Guntur Urban, Through Public Prosecutor,High Court of Andhra Pradesh at Amaravati. 2. Gannepalli Srinivasa Rao, S/o Ramulu, Aged about 54 years, R/o 2 Lane, Vasantharayapuram, Guntur ...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 proceedings in Cr No.345/2026 of Arundelpet Police Station, dated 20-05-2026 against the Petitioner/Accused No.1 and to 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 dispense with the filing of the certified copy of the FIR in Cr.No.345/2026 of Arundelpet Police Station, dt.20-05-2026 and to 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 to stay all further proceedings including the arrest of the Petitioner/Accused No.1 in Cr No.345/2026 of Arundelpet Police Station, dated 20-05-2026 against the Petitioner/Accused No.1 and pass Counsel for the Petitioner: KONDETI RANGA SRINIVAS Counsel for the Respondents: PUBLIC PROSECUTOR Counsel for the Respondents: DAGGUBATI VENKATESWARA RAO 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 4734 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 (A1), seeking to quash the proceedings in FIR in Crime No.345 of 2026 of Arundalpet Police Station, Guntur District, for the offences punishable under Section 316(2), 351(2), 61(2) read with 3(5) of the Bharatiya Nyaya Sanhitha, 2023. 2. Learned counsel for the petitioner submits that pursuant to the Order dated 19.06.2026, he has taken notice on respondent No.2 and filed a memo of proof of service to that effect. 3. Despite service of notice, none represented respondent No.2. 4. 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 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 petitioner 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 in FIR in Crime No.345 of 2026 of Arundalpet Police Station, Guntur District 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. 1 (2014) 8 SCC 273 5 Central Bureau of Investigation and Another2 in FIR in Crime No.345 of 2026 of Arundalpet Police Station, Guntur District. 8. 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 law. 9. Accordingly, this Criminal Petition is disposed of. Interlocutory applications, if any, pending shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 29.07.2026 PSA 2 2026 SCC OnLine SC 162 6 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 4734 of 2026 Date: 29.07.2026 PSA