APHC010309212026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE 13th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 4911 OF 2026 Between: 1. Kunchala Ankamma, W/o Kunchala Venkata subbaraoR/o 8- 432A,Makkenavari Palem,Santhamaguluru, Kommala Padu, Prakasam District,Andhra Pradesh - 523303. 2. Kunchala Venkata subbarao, S/o Chinna Ramulu,8- 432A,Makkenavaripalem,SanthamaguluruKommalapadu,Prakasa m District,Andhra Pradesh - 523303. 3. Kunchala Devaraja, ,S/o Venakata Subbarao,R/o 8- 432A,Makkenavari Palem,Santhamaguluru.Kommala Padu, Prakasam District, Andhra Pradesh - 523303. ...Petitioners AND 1. The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh, At Amaravati. 2. Kunchala Anusha, W/o Naga Srinu, Aged about 22 years, R/o Konidena village, Ballikuruva Mandal, Prakasam 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 quash the FIR.No.30 of 2026 on the file of the Ballikurava Police Station, Prakasam District, in so far as the Petitioners, A2 to A4, in the interest of justice. 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 certified copy of the Complaint FIR.No.30 of 2026 on the file of the Ballikurava Police Station, Prakasam 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 to stay of all further proceedings against the petitioners A2 to A4 in FIR.No.30 of 2026 on the file of the Ballikurava Police Station, Prakasam District, in the interest of justice. Counsel for the Petitioners: P MALLIKHARJUNA RAO Counsel for the Respondents: PUBLIC PROSECUTOR 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 4911 of 2026 The Court made the following Order: Instant Criminal Petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of the petitioners herein (A2 to A4), seeking to quash the proceedings in FIR in Crime No.30 of 2026 of Ballikurava Police Station, Prakasam District, for the offences punishable under Section 85 of the Bharatiya Nyaya Sanhitha, 2023 and Sections 3 and 4 of the Dowry Prohibition Act, 1961. 2. Learned counsel for the petitioners submits that pursuant to the Order dated 22.06.2026, 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 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.30 of 2026 of Ballikurava Police Station, Prakasam 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.30 of 2026 of Ballikurava Police Station, Prakasam 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 the law. 9. Accordingly, this Criminal Petition is disposed of. Interlocutory applications, if any, pending shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 13.08.2026 PSA 2 2026 SCC OnLine SC 162 6 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 4911 of 2026 Date: 13.08.2026 PSA