APHC010391592026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE 5th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 6411 OF 2026 Between: 1. Ravi Rambabu Reddy, S/o Venkateswara Reddy, Aged 40 yearsR/o D.No.3-106,Karlapale, Patha Nadayapalem, Guntur - 522111. 2. Raavi Lakshmi Thimpathamma, w/o rambabu Reddy, Aged 32 years, R/o D.No.3-106, Patha Nadayapalem,Karlapalem, Guntur - 522111. 3. Dudla Anjamma, W/o Maclia Venka Reddy, Aged 47 years,R/o. Nagiiluppalapadu V, Kanuparthi M,Prakasam District -523180 ...Petitioners AND 1. The State of Andhra Pradesh, through the Station HouseOfficer, Lalaoet P.S., Rep. by its.Public Prosecutor, High Court of AP, Amaravati. 2. Kothamsu Siva Parvathi, W/o Srinivasa Rao, Aged 42 years,R/o. 3 Line, Pothuruvari Thota,Guntur, Andhra Pradesh. ...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 against Petitioners/ Accused Nos. 1 to 3 in Crime No.227 of 2026 dated.l6.07.2026on the file of Lalapet Police Station, Guntur District and pass 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 pleased to to dispense with the filing of the certified copy proceedings against the Petitioners/ Accused Nos.l to 3 in Crime No.227 of 2026 dated 16.07.2026 on the file of Lalapet Police Station, Guntur District, pending disposal of the petition for quashing 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 all further proceedings against the Petitioners/ Accused Nos.l to 3 in Crime No.227 of 2026 dated. 16.07.2026 on the file of Lalapet Police Station, Guntur District, pending disposal of the petition for quashing and pass Counsel for the Petitioners: MALIREDDY GOWTHAM Counsel for the Respondents: NAMPALLI MOHAN BABU Counsel for the Respondents:PUBLIC PROSECUTOR 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 6411 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 (A1 to A3), seeking to quash the proceedings in FIR in Crime No.227 of 2026 of Lalapet Police Station, Guntur District for the offences punishable under Sections 308(2), 79 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. 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 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 petitioners 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.227 of 2026 of Lalapet Police Station, Guntur 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.227 of 2026 of Lalapet Police Station, Guntur 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 petitioners have 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: 12.08.2026 krk 6 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM 133 CRIMINAL PETITION NO: 6411 of 2026 Date: 12.08.2026 krk