APHC010392342026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] THURSDAY, THE 30th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 6416/2026 Between: 1. MALLISETTI BHARATH RAGHAVA, S/O. MALLISETTI YEDUKONDALU,AGED 32 YEARS,R/O. D.NO. 3-606, JHANSI LAKSHMI BHAYI NAGAR,BOMMURU, SUDDAGANI,RAJAMAHENDRAVARAM RURAL, EAST GODAVARI DISTRICT,ANDHRA PRADESH - 533124 ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, Through the SHO,Pedamanapuram Police Station, Vizianagaram District,Represented by Public Prosecutor,High Court of A.P. ...RESPONDENT/COMPLAINANT 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 Courtquash the proceedings in Crime No. 20 of 2026, dated 15.07.2026, on the file of the Pedamanapuram Police Station, Vizianagaram District, registered under Sections 11 (1 )(d), 11 (1 )(e) and 11 (1 )(i) of the Prevention of Cruelty to Animals Act, 1960, in so far as the same relate to the Petitioner/Accuse d no.8 herein, 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 dispense with the filing of the certified copy of the FIR and 2 occurrence report in Crime No. 20 of 2026, dated 15.07.2026, on the file of the Pedamanapuram Police Station, Vizianagaram District, before this Hon'ble Court. 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 restrain the police from taking any coercive action against the Petitioner and direct the police to follow the guidelines under Section 35(3) BNSS in Crime No. 20 of 2026, dated 15.07.2026, on the file of the Pedamanapuram Police Station, Vizianagaram District, as iterated in Arnesh Kumar's Judgment Counsel for the Petitioner/accused: 1. DUGGIRALA SUBASH Counsel for the Respondent/complainant: 1. DUGGIRALA SUBASH Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 6416 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 (Accused), seeking to quash the proceedings in FIR in Crime No.20 of 2026 of Pedamanapuram Police Station, Vizianagaram District for the offences punishable under Section 11(1)(d), 11(1)(e) and 11(1)(I) of the Prevention of Cruelty to Animals Act, 1960. The said FIR in Crime No.20 of 2026 was registered by the police on a suo motu basis. 2. 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 procedure as contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023. 4 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. Heard. Perused the entire available material on record. 5. Since the offences alleged in FIR in Crime No.20 of 2026 of Pedamanapuram Police Station, Vizianagaram 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. Central Bureau of Investigation 1 (2014) 8 SCC 273 5 and Another2 in FIR in Crime No.20 of 2026 of Pedamanapuram Police Station, Vizianagaram District. 6. 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. 7. Accordingly, this Criminal Petition is disposed of. Interlocutory applications, if any, pending shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 30.07.2026 krk 2 2026 SCC OnLine SC 162 6 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM 76 CRIMINAL PETITION NO: 6416 of 2026 Date: 30.07.2026 krk