1 APHC010270872026 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: 5027 OF 2026 Between: 1. Judson Mathews, S/o David Daniel Aged about 32yrs, R/o Flat No. A-2, Volive Apartments 6/13 Lane, Broadipeta Guntur, Guntur District ...Petitioner AND 1. The State of Andhra Pradesh, Through Station House Officer Jaggaiahpeta police station NTR District Rep. by its Public Prosecutor High Court of Andhra Pradesh At Amaravathi 2. Y Rakesh, S/o Visweshwar Rao Aged about 39yrs, R/o Opp. Market Yard, Sai Nagar Jaggaiahpet, NTR 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 Courtpleased to quash the FIR No. 12/2026 on the file of the Jaggaiahpet Police Station, NTR District in the interest of justice. 2 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 filing of certified copy of the FIR No. 12/2026 on the file of the Jaggaiahpet Police Station, NTR 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 pleased to grant stay all further proceedings in FIR No. 12/2026 on the file of the Jaggaiahpet Police Station, NTR District pending disposal of the criminal petition in the interest of justice. Counsel for the Petitioner: P NAGENDRA REDDY Counsel for the Respondents: PUBLIC PROSECUTOR 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION No. 5027 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 petitioner herein (A5), seeking to quash the proceedings in FIR in Crime No.12 of 2026 of Jaggaiahpet, NTR District for the offences punishable under Section 318(4) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2. Learned counsel for the petitioner submits that pursuant to the Order dated 25.06.2026, he 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 his argument to the extent of protecting the petitioner 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 petitioner 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.12 of 2026 of Jaggaiahpet Police Station, N.T.R. 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.12 of 2026 of Jaggaiahpet Police Station, N.T.R District. 7. If it is noticed in the course of investigation that the petitioner has 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 79 CRIMINAL PETITION NO: 5027 of 2026 Date: 12.08.2026 KRK