APHC010303602026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE 7th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 4793 OF 2026 Between: 1. Golla Dhana Lakshmi, D/o G.Srinivasa Rao,Age 29 Years, Occ Student,R/o.D.No.1-26, Rangannagudem VillageBapulapadu Mandal, Krishna District-521110 ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Public ProsecutorHigh Court of Andhra Pradesh atAmaravati Guntur District - throughVeeravalli PS, Krishna Dist 2. Katru Ramadevi, W/o Katru Krishna,Age 45 Years Occ HousewifeR/o Kotha Colony, Rangannagudem VillageBapulapadu Mandal, Krishna District - 521110. ...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 Court pleased to quash the proceedings in F.I.R.No.105/2026 Dt.05-06- 2 2026 on the file of Veeravalli P.S., Krishna District for the alleged offence U/s.318(4), 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 pleased to dispense with filing of certified copy of F.I.R.No.105/2026 Dt.05-06-2026 on the file of Veeravalli P.S., Krishna District 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 Stay all further proceedings in F.I.R.No.105/2026 Dt.05-06-2026 on the file of Veeravalli P.S., Krishna District for the alleged offence U/s.318(4)., including arrest of the petitioner/ accused, pending disposal of the quash petition in the interest of justice Counsel for the Petitioner: M M M SRINIVASA RAO Counsel for the Respondents: PUBLIC PROSECUTOR 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 4793 of 2026 The Court made the following Order: Instant Criminal Petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of the petitioner herein (Accused), seeking to quash the proceedings in FIR in Crime No.105 of 2026 of Veeravalli Police Station, Krishna District, for the offence punishable under Sections 318(4) of the Bharatiya Nyaya Sanhita, 2023. 2. Learned counsel for the petitioner submits that pursuant to the order dated 18.06.2026, 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 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 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 petitioner 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.105 of 2026 of Veeravalli Police Station, Krishna 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 Crime No.105 of 2026 of Veeravalli Police Station, Krishna District. 1 (2014) 8 SCC 273 2 2026 SCC OnLine SC 162 5 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: 07.08.2026 PSA 6 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 4793 of 2026 Date: 07.08.2026 PSA