APHC010409352026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE 19th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 6728 OF 2026 Between: 1. Chennuru Hari Kumar, S/o Shiva Prasad,age 32 years, R/o 7/Vinayaka Nagar,Railway Koduru,Kodur,Cuddapah,Andhra Pradtsh Pin-516101. 2. Bharathi Alias Chenhuru Bharathi, D/oShiva Prasad,age 46 years, R/o 7/760-2, Vinayaka Nagar,Railway Koduru,Kodur,Cuddapah,Andhra Pradjsh Pin- 516101. 3. Sreenu Alias Chennuru Srinivasulu, S/o Shiva Prasad,age 25 yeais, R/o 7/760- 2, Vinayaka Nagar,Railway Koduru,Kodur,Cuddapah,Andhra PradUh Pin-516101. 4. Haritha Alias Malidevi Nandini, W/o Chennuru Srinivasulu, age 25 years,R/o 7/760-2, Vinayaka Ndgar,Railway Koduru,Kodur,Cuddapah,Andhra Pradesh Pin-516101. 5. Subbamma Alias Rangappagari Subbamma, w/o Rangappagari Nagendra age 40 years,FVo 10/748-2,Pagadala Valli,Railway Koduru,Koduru,cudappah,Andhra Pradesh.Pin- 51610160-2. ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by S.HO. Railway Koduru U.P.S.through its Public Prosecutor, High Court of Andhra Pradesh,Amaravati,Andhra Pradesh.Pin-522239. 2 2. Yemmidi Vasundara, D/o Late Yemmidi Venkataiah,age 31 Years R/o Tadivandia Palle Village,Kandika Grama Panchayath,Railway Koduru Mandal, Anammaya District,Andhra Pradesh.Pin-516101. ...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 55 / 2026 on the file of Railway Koduru U.P.S filed against the petitioner / Acuused No. 1 to 5 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 the original certified copy of FIR no 55 /2026 , dated 14.03.2026 on the file of Railway koduru UPS 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 grant stay of all further proceedings in Fir No 55 / 2026 on the file of Railway Koduru U.P.S filed against the petitioner / Accused No. 1 to 5 Counsel for the Petitioners: BRS Kalyan Reddy, Counsel for the Respondents: PUBLIC PROSECUTOR 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 6728 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 A5), seeking to quash the proceedings in FIR in Crime No.55 of 2026 of Railway Kodur UPS, Tirupathi District for the offences punishable under Sections 85, 318(4), 79, 351(2) read with 3(5) of the Bharatiya Nyaya Sanhitha, 2023 and Section 4 of Dowry Prohibition Act, 1961 and Sections 3(1)(r), 3(1)(s), 3(2)(va) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 2. Learned counsel for the petitioners submits that pursuant to the Order dated 05.08.2026, 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 4 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. 5. On the other hand, Sri K. Sandeep, 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.55 of 2026 of Railway Kodur UPS Police Station, Tirupathi 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 1 (2014) 8 SCC 273 5 the judgment of the Hon’ble Apex Court in Satendar Kumar Antil vs. Central Bureau of Investigation and Another2 in FIR in Crime No.55 of 2026 of Railway Kodur UPS Police Station, Tirupathi 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. Interlocutory applications, if any, pending shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 19.08.2026 krk 2 2026 SCC OnLine SC 162 6 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM 82 CRIMINAL PETITION NO: 6728 of 2026 Date: 19.08.2026 krk