APHC010397722026 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: 6543 OF 2026 Between: 1. Malluri Satyavathi, w/o Late Guruvulu,aged about 57 years, Door No.4-227, VisakhaA Colony, Ramagedda, VTC Srikakulam,Srikakulam Post, Srikakulam District, Pin-532001,A.P, AadharNo.8984 2926 8633. 2. Malluri Polaraju,, S/o Late Guruvulu, aged42 years. New House, Beside Ramagedda, VTCSrikakulam,SrikakulamPost, SrikakulamDistrict,Pin-532001,A.P., AadharNo.53098031 8071. 3. Malluri Padmavathi,, w/o Polaraju, aged37 years. Beside Ramagedda, VTC Srikakulam,Srikakulam Post, Srikakulam District, Pin-532001,A.P., Aadhar No.8718 8212 9409. 4. Seerapu Pola Rao, , S/o Late Appalaswamy,aged about 52 years, 587, Main Road, NH-16,Etcherla village and mandal, Srikakulam district,Pin-532001, A.P. Aadhar No.3315 0446 3712. ...Petitioners AND 1. The State of Andhra Pradesh, through Station House Officer, Tadepalligudem Police Station Town, West Godavari District, Re. by its Pubic Prosecutor, High Court of Andhra Pradeshat Amaravathi. 2 2. Dr Marrivada Naga Divya, w/o MalluriShankar, aged 37 years, Padmasali by caste,Tadepalligudem, West Godavari 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 Courtquash the FIR No.48 of 2026 on the file of Tadepalligudem Police Station, West Godavari District in the interest of justice. 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 dispense with filing of certified copy of the FIR No.48/2026 on the file of Tadepalligudem Police Station, West Godavari District for the time being in the interest of justice. 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 grant stay all further proceedings in FIR No.48/2026 on the file of the Tadepalligudem Police Station, West Godavari district, pending disposal of the criminal petition in the interest of justice. Counsel for the Petitioners: VENKATESH VYAS,VYAS VENKATESH Counsel for the Respondents: PUBLIC PROSECUTOR Counsel for the Respondents:PATHURI SRINIVAS 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 6543 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 (A2 to A5), seeking to quash the proceedings in FIR in Crime No.48 of 2026 of Tadepalligudem Police Station, West Godavari District, for the offences punishable under Sections 85 read with 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 4 of Dowry Prohibition Act, 1961. 2. Learned counsel for the petitioners submits that pursuant to the Order dated 31.07.2026, he has taken notice on respondent No.2 and filed a memo of proof of service vide USR No.92283 of 2026 to that effect. 3. 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 Bharatiya Nagarik Suraksha Sanhita, 2023. 4 4. 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. 5. Heard. Perused the entire available material on record. 6. Since the offences alleged in FIR in Crime No.48 of 2026 of Tadepalligudem Police Station, West Godavari 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 Crime No.48 of 2026 of Tadepalligudem Police Station, West Godavari District. 1 (2014) 8 SCC 273 2 2026 SCC OnLine SC 162 5 7. 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. 8. 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 120 CRIMINAL PETITION NO: 6427 of 2026 Date: 17.08.2026 krk