1 APHC010322822026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE 12th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5174 OF 2026 Between: 1. Avula Siva Naga Pullayya, S/o Sivaiah, Aged about 27 years,R/o D.No. 7-5-229/4 Avula Hussain Reddy Colony Allagadda Town Nandyal District. 2. Avula Pavani, W/o Avula Siva Naga Pullayya Aged about 27 years R/o D.No. 7-5-229/4 Avula Hussain Reddy Colony Allagadda Town Nandyal District. ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor High Court of Andhra Pradesh at Amaravati. 2. Kotthuru Surendra, S/o. Lakshmaiahage 57 years R/o. Opp Lingamaiah Street Main Bazar Allagadda Town Nandyal 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 stay of all 2 further proceedings including arrest of the petitioners/Accused Nos.1 & 2 in Crime No.61 of 2026 dated 08.06.2026 on the file of Allagadda Town Police Station at Allagadda Nandyal District pending disposal of the criminal petition and to 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 the filing of the certified copies of the Crime No. 61 of 2026 dated 08.06.2026 on the file of Allagadda Town Police Station at Allagadda Nandyal District pending disposal of the criminal petition and to 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 of all further proceedings including arrest of the petitioners/Accused Nos.1 & 2 in Crime No.61 of 2026 dated 08.06.2026 on the file of Allagadda Town Police Station at Allagadda Nandyal District pending disposal of the criminal petition and to pas Counsel for the Petitioners: MARELLA RADHA Counsel for the Respondents: D PURNACHANDRA REDDY Counsel for the Respondents: PUBLIC PROSECUTOR 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION No. 5174 of 2026 ORDER:- 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 and A2), seeking to quash the proceedings in FIR in Crime No.61 of 2026 of Allagadda Town Police Station, Nandyal for the offences punishable under Section 318(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 29.06.2026, she has taken notice on respondent No.2 and filed a memo of proof of service to that effect. 3. Learned counsel for the petitioner, 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 procedure as contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023. 4. On the other hand, learned Assistant Public Prosecutor did not oppose the same and concurred with the submission made by the 4 learned counsel for the petitioners for the reason that the offences alleged are punishable with imprisonment of less than seven years. 5. Heard. Perused the entire available material on record. 6. Since the offences alleged in FIR in Crime No.61 of 2026 of Allagadda Town Police Station, Nandyal, 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 Crime No.61 of 2026 of Allagadda Police Station. 7. If it is noticed in the course of investigation that the petitioners have committed any offence which is punishable with imprisonment 1 (2014) 8 SCC 273 2 2026 SCC OnLine SC 162 5 beyond seven years, the investigating officer is at liberty to proceed in accordance with law. 8. Accordingly, this Criminal Petition is disposed of. Interlocutory applications, if any, pending shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date:12.08.2026 krk 6 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM 76 CRIMINAL PETITION NO: 5174 of 2026 Date: 12.08.2026 KRK