APHC010440182026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3604] THURSDAY, THE 20th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SMT JUSTICE SUNITHA GANDHAM CRIMINAL PETITION NO: 7320/2026 Between: 1. SARLA SRINIVAS, S/O. SARLA RAJAIAH, AGED ABOUT 45 YEARS,R/O. D.NO. 27-13/1, HAMALI WADA, MANCHERIAL,ADILABAD, ANDHRA PRADESH- 504208. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR,HIGH COURT OF ANDHRA PRADESHTHROUGH ITS SHO CYBER CRIME POLICE STATION,NTR COMMISSIONERATE, NTR DISTRICT, 2. DUDLA PRASAD, ,S/O. VENKAIAH, AGED ABOUT 39 YEARS,R/O. D.NO.32-11/4-1, GMMADI VARI STREET,MOGALRAJPURAM, VIJAYAWADA, NTR DISTRICT, ANDHRA PRADESH. ...RESPONDENT/COMPLAINANT(S): 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 Courtmay be pleased to call for the records in F.I.R No.51 of 2026 on the Cyber Crime Police Station, NTR Commissionerate, NTR District and quash the same in respect of Accused No.7 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 may be pleased to dispense with filing of Certified 2 SUN, J Crl.P.No.7320 of 2026 Copy of proceedings in F.I.R No.51 of 2026 on the Cyber Crime Police Station, NTR Commissionerate, NTR District and pass such 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 may be pleased to grant stay of all further proceedings in F.I.R No.51 of 2026 on the Cyber Crime Police Station, NTR Commissionerate, NJR District, pending disposal of the above criminal petition and pass such Counsel for the Petitioner/accused: 1. SOMISETTY GANESH BABU Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: 3 SUN, J Crl.P.No.7320 of 2026 THE HO1NOURABLE SMT JUSTICE SUNITHA GANDHAM CRIMINAL PETITION NO: 7320 OF 2026 ORDER: This Criminal Petition is filed by the petitioner/accused No.7 to quash the proceedings in Crime No.51 of 2026 dated 03.06.2026 of Cyber Crime Police Station, NTR Commissionerate. 2. Heard learned counsel for the petitioner and learned Assistant Public Prosecutor. 3. Learned counsel for the petitioner submitted that the petitioner/accused No.7 is innocent, has not committed any offence as alleged by the respondent No.2 and he is nowhere concerned with the allegations leveled in the report and only to harass the petitioner, respondent No.2 gave report and the investigating officer is trying to take coercive steps against the petitioner/accused No.7. 4. Learned Assistant Public Prosecutor takes notice on behalf of Respondent No.1 and fairly submitted that a direction may be given to the Investigating Officer to follow the procedure under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, ‘the BNSS’), coupled with the guidelines laid down by the Hon’ble Apex Court in the judgment in Arnesh Kumar Vs. State of Bihar & another1. 1 (2014) 8 SCC 273 4 SUN, J Crl.P.No.7320 of 2026 5. Learned counsel for the petitioner further would argue that a direction may be given to the police not to take any coercive steps against the petitioner/accused No.7. The said argument also cannot be taken into consideration in view of the law laid down by the Hon’ble Apex Court in Neeharika Infrastructure Private Limited v. State of Maharashtra and Others. 2 In this case while formulating guidelines for quashing of First Information Report, Hon’ble Apex Court held that an order of not to arrest and/or ‘no coercive steps’ either during the investigation or till the investigation is completed and/or till the final report/charge sheet is filed under Section 173 of the Code of Criminal Procedure shall not be passed while dismissing/dispose of the quash petition filed under Section 482 of the Code of Criminal Procedure and/or under Article 226 of Constitution of India. 6. Learned counsel for the petitioner fairly conceded to dispose of this petition by giving a direction to the investigating officer to follow the procedure in accordance with law. 7. In the result, this Criminal Petition is disposed of. The Investigating Officer, i.e., the Station House Officer, Cyber Crime Police Station, NTR Commissionerate, NTR district is directed to follow the guidelines laid down by the Hon’ble Apex Court in the judgment in Arnesh Kumar Vs. State of Bihar & another and Section 35(3) of the BNSS, before taking any further steps as the offences are punishable with below seven years imprisonment. 2 (2021) 19 SCC 401 5 SUN, J Crl.P.No.7320 of 2026 As a sequel, Miscellaneous petitions, if any pending, shall stand closed. ___________________ SUNITHA GANDHAM,J Date: 20.08.2026 Vns