APHC010389682026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE 13th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 6420 OF 2026 Between: 1. Tadepalli Ramesh Bdbu, S/o Sambasivarao, Aged 40 years,R/o Devarampadu, Rajupalem,Guntur-522413 ...Petitioner AND 1. The Public Prosecutor, High Court of State of Andhra Pradesh. AtAmaravathi, Nelapadu. Guntur District. 2. Adabala Venkata Ramana, S/o Satyanarayana, Aged about 41 yearsR/o Taraka Rama Nagar, Pithapuram, Kakinada District - 533450 ...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 dispense with filing of certified copies of the FIR. No. 128 of 2026 dated 09.07.2026 registered under Section 318(2) of BNS and Section 64,65 of Copyright Act 1957, of Pithapuram Town police station, Kakinada district, registered for the offences punishable under Section 85 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 4 of the Dowry Prohibition Act, 1961, pending disposal of the above 2 Crimihal Petition and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and 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 pleased to dispense with filing of certified copies of the FIR. No. 128 of 2026 dated 09.07.2026 registered under Section 318(2) of BNS and Section 64,65 of Copyright Act 1957, of Pithapuram Town police station, Kakinada district, and pass 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 of all further proceedings in FIR. No. 128/2026 dated 09.07-2026 registered under Sections 318(2) of BNS and Section 64,65 of Copyright Act 1957, of Pithapuram Town police station, Kakinada district, against the petitioner/Accused No. 3 and pass Counsel for the Petitioner: THALLURI NEETU KUMAR Counsel for the Respondents: PUBLIC PROSECUTOR 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 6420 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 (A3), seeking to quash the proceedings in FIR in Crime No.128 of 2026 of Pithapuram Town Police Station, Kakinada District, for the offences punishable under Section 318(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 64 and 65 of the Copyright Act, 1957. 2. Learned counsel for the petitioner submits that pursuant to the Order dated 29.07.2026, 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 4 procedure as contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023. 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.128 of 2026 of Pithapuram Town Police Station, Kakinada 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 1 (2014) 8 SCC 273 2 2026 SCC OnLine SC 162 5 Crime No.128 of 2026 of Pithapuram Town Police Station, Kakinada District. 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 the law. 9. Accordingly, this Criminal Petition is disposed of. Interlocutory applications, if any, pending shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 13.08.2026 PSA 6 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 6420 of 2026 Date: 13.08.2026 PSA