APHC010392062026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE 17th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 6427 OF 2026 Between: 1. Medisetti Raj Kumar, son of Rambabu, aged about 29 years a resident of 1-154/3, VTC Pamarru, Ambedkar Konaseema District. 533305.c 2. Kurupudi Naga Mohana Rao Alias Kudupudi Nagamohana Rao, son of Narasanna K, aged about 60 Years, a resident ofC7/504, PWO Housing Complex, Sector-43, Galleria DIf - Iv, Gurgaon, Haryana-122009. 3. Ilia Murali Krishna, Son of Ilia Veera Venkata Satyanarayana, aged about 29 Years, a resident of 1-113, Sri Rama Nagar Colony, Hanuman Temple, K.Gangavaram Mandalam, VTC, Ambedkar Konaseema District. 533305. ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by the Public Prosecutor through S.H.O, Pamarru Police Station, Dr B. Br Ambedkar, Konaseema District. 2. Mutyala Mehar Baba, son of Aadiyya, aged about 62 years, a resident of 19-13-2, Ratnampeta, Ramachandrapuram, Dr Br. Ambedkar, Konaseema District 533305 ...Respondents Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the 2 Memorandum of Grounds of Criminal Petition, the High Courtpleased to quash the FIR No 82 of 2026, dated 16/07/2026, on the file of Pamarru Police Station, Dr. B.R.Ambedkar Konaseema District, for the offence punishable under Section 329(3), BNS, 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 ispense with the filing of the certified copy of the FIR No. 82 of 2026, dated 16/07/2026, on the file of Pamarru Police Station, Dr. B R Ambedkar Konaseema District against the petitioners pending disposal of the Criminal Petition before this Hon'ble Court 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 tay all proceedings, including arrest of the Petitioners/Accused Nos. 1 to 3 in connection with Crime No. 82 of 2026, dated 16/07/2026, on the file of Pamarru Police Station, Dr. B R Ambedkar Konaseema District Counsel for the Petitioners: ABDUS SALEEM Counsel for the Respondents: PUBLIC PROSECUTOR 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 6427 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.82 of 2026 of Pamarru Police Station, Dr. B.R. Ambedkar Konaseema District, for the offences punishable under Sections 329(3), 324(4), 115(2), 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 30.07.2026, he has taken notice on respondent No.2 and filed a memo of proof of service vide USR No.92571 of 2026 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.82 of 2026 of Pamarru 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 Bureau of Investigation and Another2 in FIR in 1 (2014) 8 SCC 273 2 2026 SCC OnLine SC 162 5 Crime No.82 of 2026 of Pamarru Police Station, Dr. B.R. Ambedkar Konaseema District. 8. If it is noticed in the course of investigation that the petitioner has 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: 17.08.2026 krk 6 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM 108 CRIMINAL PETITION NO: 6427 of 2026 Date: 17.08.2026 krk