APHC010376102026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE 5th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 6110 OF 2026 Between: 1. Pederappagari Manoj Kumar, S/o P.Srinivasulu Reddy,Aged about 37 years, R/o D.No.13-3-392/B1,Tilak Road, Manoj Complex, Tirupathi, Urban, Tirupati, Andhra Pradesh 2. Pedrappagari Sandhya Latha, W/0 P.Srinivasulu ReddyAged about 60 years, R/o D.No.13-3-392/B1,Tilak Road, Manoj Complex,Tirupati, Andhra Pradesh 3. Vs Venkatesh, S/O Late Srinivasulu,Aged about 48 years, R/o D.No. 11-647Navajeevana Colony, Rajivnagar,Tirupati, Andhra Pradesh ...Petitioners AND 1. The State of Andhra Pradesh, Tirupathi East Urban police Station,Rep. by the Public Prosecutor,High Court of Andhra Pradesh, Amaravathi 2. Micthun Chpkravarthi Pakyala, S/o Late Pakyala Mohan RaoAged about 42 years, R/o D.No.4-6-17/c, Reservoir Colony,Tirupati Town and 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 Courtmay be pleased to call for the records in and relating to 2 Crime No. 258/2026 of Thirupathi East Urban Police Station, Tirupathi District and quash the same in so far as the Petitioner is concerned and pass such 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 may be pleased to dispense with filing of certified copy of the FIR for Crime No. 258/2026 of Thirupathi East Urban Police Station, Tirupathi District and pass such 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 may be pleased to stay all further proceedings including arrest of the Petitioner in Crime No. 258/2026 of Thirupathi East Urban Police Station, Tirupathi District pending disposal of this Criminal Petition before this Honble Court and pass such Counsel for the Petitioners: SODUM ANVESHA Counsel for the Respondents: PUBLIC PROSECUTOR 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 6110 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 (A1 to A3), seeking to quash the proceedings in FIR in Crime No.258 of 2026 of Tirupathi East UBS, Tirupathi District for the offences punishable under Sections 329(4), 324(4), 351(2) read with 3(5) of the Bharatiya Nyaya Sanhitha, 2023. 2. Learned counsel for the petitioners submits that pursuant to the Order dated 22.07.2026, she 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 her 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.258 of 2026 of Tirupathi East UPS, Tirupathi 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.258 of 2026 of Tirupathi East UPS, Tirupathi 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: 05.08.2026 krk 2 2026 SCC OnLine SC 162 6 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM 112 CRIMINAL PETITION NO: 6110 of 2026 Date:05.08.2026 krk