APHC010330872026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE 30th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5289 OF 2026 Between: 1. Tupati Nageswara Rao, S/o.Veera Venkata Rao, Age47 Years,R/o.D.No1-72/1, Gollapalem Village,Malikipuram Mandal 533244,Dr.B.R.Ambedkar Konaseem District. 2. Tupati Srinivasa Rao, A3,S/o.Veera Venkata Rao, Age45 Years,R/o.D.No1-72, Gollapalem Village,Malikipuram Mandal 533244,Dr.B.R.Ambedkar Konaseem District. 3. Tupati Venkata Satyanarayana, A4S/o.Veera Venkata Rao, Age42 Years,R/o.D.No.1-72, Gollapalem Village,Malikipuram Mandal 533244,Dr.B.R.Ambedkar Konaseem District. 4. Nagalla Veera Venkata Satyanarayana, A5S/o.Suryanarayana Murthy, Age79 Years,R/o.D.No.2-26, Gollapalem Village.Malikipuram Mandal 533244,Dr.B.R.Ambedkar Konaseem District. ...Petitioners 2 AND 1. The State of Andhra Pradesh, Rep. by Sub-Inspector of Police,Malikipuram Police Station,Dr.B.R.Ambedkar Konaseem DistrictRep. by its Public Prosecutor,High Court of A.P. at Amaravati. 2. Tupati Mahalakshmi, W/o.Tupati Nageswara Rao,R/o.Padamatipalem Village,Malikipuram Mandal - 533250,Dr.B.R.Ambedkar Konaseem 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 begs to present this Memorandum of Criminal Petition to quash the proceedings in FIR in Crime No.61/2026, dated 22.03.2026 on the file of Malikipuram P.S., Dr.B.R.Ambedkar Konaseem District 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 eased to dispense with from filing the certified copy of the FIR in Crime No.61/2026, dated 22.03.2026 on the file of Malikipuram P.S. Dr.B.R.Ambedkar Konaseem District in the interest of justice and to pass 3 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 of all further proceedings in Crime No.61/2026, dated 22.03.2026 on the file of Malikipuram P.S., Dr.B.R.Ambedkar Konaseem District for the offence under Sec.85, 82(1), 351(2) r/w.3(5) of BNS pending disposal of the above Criminal Petition in the interest of justice and to pass Counsel for the Petitioners: MUSUDI BABJI Counsel for the Respondents: PUBLIC PROSECUTOR Counsel for the Respondents: MUDUNURI ANAND KUMAR 4 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5289 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, A3 to A5), seeking to quash the proceedings in FIR in Crime No.61 of 2026 of Malkipuram Police Station, Dr.B.R.Ambedkar Konaseema District, for the offences punishable under Sections 85, 82(1), 351(2) read with 3(5) of Bharatiya Nyaya Sanhitha, 2023. 2. Learned counsel for the petitioners submits that 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 5 police to follow the 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.61 of 2026 of Malkipuram Police Station, Dr.B.R.Ambedkar Konaseema 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 1 (2014) 8 SCC 273 6 Bureau of Investigation and Another2, in FIR in Crime No.61 of 2026 of Malkipuram Police Station, Dr.B.R.Ambedkar Konaseema 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: 30.07.2026 Krk 2 2026 SCC OnLine SC 162 7 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5289 of 2026 Date: 30.07.2026 krk