APHC010339612026 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: 5446 OF 2026 Between: 1. Yogiswar reddy Palagiri chiragari, S/o. Palagiri chiragari Siddareddy, Aged about 51 years,R/o. D.No.2/92, Thalapaka Village Post,Rajampet Mandal, Annamayya District.Krishna, Andhra Pradesh- 521108. 2. Thambela Venugopal Reddy, S/o. Thambela Ramireddy, Aged about 42 years,R/o. D.No. 13/52, Kotha Indlu, Mandiram Village 86 Post,Rajampet Mandal, Annamayya District. ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor,High Court of Andhra Pradeshthrough its SHO Mannur Police Station ,Annamayya District 2. Bhaskar Mummadi, S/o. Late mammadi Krishniah, Aged about 40 Years,R/o. D.N0.8/144-A, Angalamitta, Mannur Village,RajamPeta Mandal, Annamayya District, Andhra Pradesh. ...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 2 Courtpleased to grant stay of all further proceedings in FIR No. 131 of 2026 on the file of Mannur UPS, Annamayya District, pending disposal of the above criminal petition 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 filing of Certified Copy of the F.I.R No. 131 of 2026 on the file of Mannur UPS, Annamayya 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 pleased to grant stay of all further proceedings in No. 131 of 2026 on the file of Mannur UPS, Annamayya District, pending disposal of the above criminal petition and pass Counsel for the Petitioners: SOMISETTY GANESH BABU Counsel for the Respondents: NAGARAJU N Counsel for the Respondents: PUBLIC PROSECUTOR 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5446 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 (A3 & A4), seeking to quash the proceedings in FIR in Crime No.131 of 2025 of Mannur UPS Police Station, Annamayya District, for the offences punishable under Section 318(4) read with 3(5) of the Bharatiya Nyaya Sanhitha, 2023. 2. Learned counsel for the petitioners submits that pursuant to the Order dated 06.07.2026, 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 petitioners, after arguing for some time, has confined his argument to the extent of protecting the petitioners 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 petitioners 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.131 of 2025 of Mannur UPS Police Station, Annamayya 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 and Another2 in FIR in 1 (2014) 8 SCC 273 2 2026 SCC OnLine SC 162 5 Crime No.131 of 2025 of Mannur UPS Police Station, Annamayya District. 8. 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 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 6 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5446 of 2026 Date: 29.07.2026 PSA