APHC010403232026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE 17th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 6630 OF 2026 Between: 1. A N G Dorababu, S/o Appanna Chinna Babu Rao,Resident of Door No.39-161, Venkunaidu Peta,Narsipatnam Town, Visakhapatnam District,Andhra Pradesh - 53116. ...Petitioner AND 1. The State of Andhra Pradesh, represented by itsPublic Prosecutor, High Court of Andhra Pradesh,Amaravati, Guntur District. 2. Bera Kamakshi Kalpana, W/o Late Seshu,Aged about 39 Years, Caste Kapu,R/o Bonthuveedhi, Narsipatnam Town,Anakapalli District, Andhra Pradesh - 8977337433. ...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 Courtbe pleased to call for records and quash the proceedings in F.I.R. No. 107 of 2026 on the file of Narsipatnam Town Police Station, Anakapalli District, for the offences punishable under Sections 79, 318(4), and 351(2) of the B.N.S., 2 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 in filing the certified copy of the in F.I.R. No. 107 of 2026 dated 13-07-2026 on the file of Narsipatnam Town Police Station, Anakapalli District, for the offences punishable under Sections 79, 318(4), and 351(2) of the Bharatiya Nyaya Sanhita (B.N.S.) in the interests of justice, as otherwise, I would suffer irreparable loss and hardship which cannot be compensated later. 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 Counsel for the Petitioner: RAJESH MATCHA Counsel for the Respondents: MEKAPOTHULA SRINIVASA RAO Counsel for the Respondents:PUBLIC PROSECUTOR 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 6630 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 petitioner herein (Accused), seeking to quash the proceedings in FIR in Crime No.107 of 2026 of Narsipatnam Town Police Station, Anakapalli District for the offences punishable under Sections 79, 318(4), 351(2) of the Bharatiya Nyaya Sanhitha, 2023. 2. Learned counsel for the petitioner submits that pursuant to the Order dated 03.08.2026, he has taken notice on respondent No.2 and filed a memo of proof of service to that effect. 3. 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 4. 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. 5. Heard. Perused the entire available material on record. 6. Since the offences alleged in FIR in Crime No.107 of 2026 of Narsipatnam Town Police Station, Anakapalli 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.107 of 2026 of Narsipatnam Town Police Station, Anakapalli District. 1 (2014) 8 SCC 273 2 2026 SCC OnLine SC 162 5 7. 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. 8. Accordingly, this Criminal Petition is disposed of. Interlocutory applications, if any, pending shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 17.08.2026 krk 6 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM 130 CRIMINAL PETITION NO: 6630 of 2026 Date: 17.08.2026 krk