1 APHC010388392026 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: 6371 OF 2026 Between: 1. Pasem Anusha, D/o. Venkateswarlu, W/o. KofiviVenkata Narayana Reddy, Aged 32 years,Occ Private Employee, R/o. 2-31/1, Didugupadu, Madhira Mandal, Khammam District. T.S - 5p7203 2. Korivi Venkata Narayana Reddy, S/o. Narayanareddy,Aged 36 years, Occ Business, R/o. Dolphine DurgaCounty, Block No. B-306, Madeenaguda, Hyderabad, Telangana State - 500049 ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor,High Court of Andhra Pradesh at Amaravati. 2. Yerraballi Sravani, W/o. Brahmaiah Achari,Aged 32 years, Occ Private EmployeeR/o. 45/415-1, Balaji Nagar II, Kadapa City,Y.S.R Kadapa District. 516003. ...Respondents 2 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 entire proceedings in Crime No. 60 of 2026 of Kadapa Rural UPS Police Station, YSR Kadapa District, and to 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 FIR Dt. 15.05.2026 in Crime No. 60 of 2026 of Kadapa Rural UPS Police Station, YSR Kadapa District, and to receive the main Criminal Petition on file in the interests of justice and to 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 grant stay of all further proceedings including arrest of the Petitioners in Crime No. 60 of 2026 of Kadapa Rural UPS Police Station, YSR Kadapa District, pending disposal of the main Criminal Petition and pass Counsel for the Petitioners: KISHORE KUMAR KATARI,Kishore Kumar Katari Counsel for the Respondents: PUBLIC PROSECUTOR 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION No. 6371 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 petitioners herein (A1 and A2), seeking to quash the proceedings in FIR in Crime No.60 of 2026 of Kadapa Rural UPS, YSR Kadapa District, for the offences punishable under Section 318(4) read with 3(5) of the Bharatiya Nyaya Sanhitha, 2023. 2. Learned counsel for the petitioners 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 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 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 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.60 of 2026 of Kadapa Rural UPS, YSR Kadapa 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.60 of 2026 of Kadapa Rural UPS, YSR Kadapa District. 8. If it is noticed in the course of investigation that the petitioners have 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. 9. 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 89 CRIMINAL PETITION NO: 6371 of 2026 Date: 12.08.2026 KRK