APHC010371842026 IN THE HIGH COURT OF ANDHRA PRADESH THURSDAY, THE 6 THE HONOURABLE SRI JUSTICE MAHESWARA CRIMINAL PETITION NO: 6026/2026 Between: 1. NEELA VIJAY ALIAS NEELAGIRI VIJAY, S/O N VENKATESH, AGED ABOUT 28 YEARS,R/O N R PETA, CHITTOOR DISTRICT. 2. VENKATESH ALIAS NEELAGIRI VENKATESH, S/O BALLAYA GOUNDR, AGED ABOUT 65 YEARS,R/O N R DISTRICT. 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTORHIGH COURT OF ANDHRA PRADESH, AT AMARAVATI. 2. R MUTHULAKSHMI, D/O S RAMALINGAM, AGED ABOUT 39 YEARS,R/O D. NO 15, S BLOCK, PUSHPANAGA NUMGANAKA,CHENNAI, TAMILNADU STATE. COMPLAINTPH NO 9841139744. Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memoran Criminal Petition, the High Courtpleased to quash the entire proceedings against the petitioner in Crime. No. 56 of 2026 dated: 13.06.2026 on the file of Chittoor Taluk PS Police Station, Chittoor District, under section 318(4) r/w 3(5) BNS being in abuse of process of law and Court 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 pleasedto copy of FIR & Complaint in Crime. No. 56 of 2026 dated: 13.06.2026 on the IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE 6th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 6026/2026 NEELA VIJAY ALIAS NEELAGIRI VIJAY, S/O N VENKATESH, AGED ABOUT 28 YEARS,R/O N R PETA, CHITTOOR DISTRICT. VENKATESH ALIAS NEELAGIRI VENKATESH, S/O BALLAYA GOUNDR, AGED ABOUT 65 YEARS,R/O N R PETA, CHITTTOOR ...PETITIONER/ACCUSED(S) AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTORHIGH COURT OF ANDHRA PRADESH, AT R MUTHULAKSHMI, D/O S RAMALINGAM, AGED ABOUT 39 YEARS,R/O D. NO 15, S BLOCK, PUSHPANAGA NUMGANAKA,CHENNAI, TAMILNADU STATE. COMPLAINTPH NO ...RESPONDENT/COMPLAINANT(S): 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 Courtpleased to quash the entire proceedings against the petitioner in Crime. No. 56 of 2026 dated: 13.06.2026 on the file of Chittoor Taluk PS Police Station, Chittoor District, under section 318(4) r/w BNS being in abuse of process of law and Court and pass 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 pleasedto Dispense with the filing of the certified copy of FIR & Complaint in Crime. No. 56 of 2026 dated: 13.06.2026 on the IN THE HIGH COURT OF ANDHRA PRADESH [3504] RAO KUNCHEAM NEELA VIJAY ALIAS NEELAGIRI VIJAY, S/O N VENKATESH, AGED ABOUT 28 YEARS,R/O N R PETA, CHITTOOR DISTRICT. VENKATESH ALIAS NEELAGIRI VENKATESH, S/O BALLAYA PETA, CHITTTOOR ...PETITIONER/ACCUSED(S) THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTORHIGH COURT OF ANDHRA PRADESH, AT R MUTHULAKSHMI, D/O S RAMALINGAM, AGED ABOUT 39 YEARS,R/O D. NO 15, S BLOCK, PUSHPANAGAR, NUMGANAKA,CHENNAI, TAMILNADU STATE. COMPLAINTPH NO ...RESPONDENT/COMPLAINANT(S): Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS dum of Grounds of Criminal Petition, the High Courtpleased to quash the entire proceedings against the petitioner in Crime. No. 56 of 2026 dated: 13.06.2026 on the file of Chittoor Taluk PS Police Station, Chittoor District, under section 318(4) r/w BNS being in abuse of process of law and Court and pass 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 Dispense with the filing of the certified copy of FIR & Complaint in Crime. No. 56 of 2026 dated: 13.06.2026 on the 2 MRK,J Crl.P.No.6026 of 2026 file of Chittoor Taluk PS Police Station, Chittoor District, under section 318(4) r/w 3(5) BNS, 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 stay all further proceedings against the Petitioner in Crime. No. 56 of 2026 dated; 13.06.2026 on the file of Chittoor Taluk PS Police Station, Chittoor District, under section 318(4) r/w 3(5) BNS. Pending disposal of the above quash petition, and pass Counsel for the Petitioner/accused(S): 1. SIVAPRASAD REDDY VENATI Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: 3 MRK,J Crl.P.No.6026 of 2026 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 6026 of 2026 ORDER:- Instant Criminal Petition, under Section 528 of the BharatiyaNagarik Suraksha Sanhitha, 2023, has been filed on behalf of the petitioners herein (A1 & A2), seeking to quash the proceedings in FIR in Crime No.56 of 2026 of Chittoor Taluk Police Station, Chittoor District for the offences punishable under Section 318(4) read with Section 3(5) of the Bharatiya Nyaya Sanhitha, 2023. 2. Learned counsel for the petitioners submits that pursuant to the Order dated 21.07.2026, 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 procedure as contemplated under Section 35(3) of the BharatiyaNagarik 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. 4 MRK,J Crl.P.No.6026 of 2026 6. Heard. Perused the entire available material on record. 7. Since the offences alleged in FIR in Crime No.56 of 2026 of Chittoor Taluk Police Station, Chittoor 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 BharatiyaNagarik 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, whichwas reiterated in the judgment of the Hon’ble Apex Court in Satendar Kumar Antil vs. Central Bureau of Investigation and Another2in FIR in Crime No.56 of 2026 of Chittoor Taluk Police Station, Chittoor 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. As a sequel, Interlocutory Applications pending, if any, shall stand closed. ______________________________ MAHESWARA RAO KUNCHEAM, J Dated: 06.08.2026 MDP 1 (2014) 8 SCC 273 2 2026 SCC OnLine SC 162