APHC010355052026 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: 5727 OF 2026 Between: 1. Arava Bhanubee, W/o Abdul Raheem Aged about 40 years, Occ Home Maker Ro 05-45, Block 103, Tampiness Street- 11Singapore-520103Currently Residing at Dalavaya Palli, Pullampeta Y.S.R Kadapa District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Public Prosecutor,High Court of Andhra Pradesh. 2. Valiveti Chaitanya, S/o Ramu Aged about 31 years, Occ Not Known to the Petitioner R/o Medikonduru, Perecherla Village, Guntur District. ...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 call for the records in crime No 291 of 2024 on the file of Medikonduru Police Station, Guntur District and quash the same the Petitioner/Accused No.1 and 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 Pleased to dispense with filing of the original certified copy In F.I.R No. 291 of 2024, dated 01.11.2024, On the file of the Medikonduru Police Station,Guntur District before this Hon’ble Court 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 to stay all further proceedings in crime No. 291 of 2024 on the file of Medikonduru Police Station, Guntur District and pass Counsel for the Petitioner: RAMALAKSHMANA REDDY SANEPALLI Counsel for the Respondents: PUBLIC PROSECUTOR 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5727 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.291 of 2024 of Medikonduru Police Station, Guntur District for the offences punishable under Section 352, 353(1)(c) and 353(2) of the Bharatiya Nyaya Sanhitha, 2023. 2. Learned counsel for the petitioner submits that pursuant to the Order dated 15.07.2026, 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.291 of 2024 of Medikonduru 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.291 of 2024 of Medikonduru 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: 5727 of 2026 Date: 29.07.2026 PSA