APHC010419612026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE 1st DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 6910 OF 2026 Between: 1. Beera Krupavaram, , S/ o Beera Venkataramudu, Age 65 years, Occ.Pvt Employee, R/o 18-147, Srinivasa Nagar, Near Sarathi Wedding Hall, Shanivarapupeta, West Godavari, Andhra Pradesh - 534003. 2. Smt Vara Uma Maheshwari, W/o Beera Krupavaram,Age 65 years, retired Govt employee,R/o 18-147, Srinivasa Nagar,Near Sarathi Wedding Hall, Shanivarapupeta,West Godavari, Andhra Pradesh - 534003.Both Petitioners presently residing at Residence 10 ...Petitioners AND 1. The State of Andhra Pradesh, Through PS MachavaramRep. by Public Prosecutor,High Court at Amaravati. 2. Smt D Geethika Bandhavya, , W/o Beera Gowtham,Age 32 years. Occupation Employee,Resident of Flat No. 309, S.B. Capital Apartment,Atmakur Rural, Marigalagiri, Guntur, Andhra Pradesh - 522503. ...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 Court quash the proceedings in FIR No. 182 of 2026, registered under Section 85 of the BNS and Sections 3, 4 of the Dowry Prohibition Act,1961 on the file of Machavaram Police Station, NTR Commissionerate 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 filing of certified copy of FIR No. 182 of 2026, dated 06.06.2026 on the file of Machavaram Police Station, NTR Commissionerate 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 Grant interim stay of all further proceedings in pursuance of FIR No. 182 of 2026, on the file of Machavaram Police Station, NTR Commissionerate, pending disposal of the Crl.P. Counsel for the Petitioners: MANOJ REDDY AYILURI Counsel for the Respondents: NARASIMHA RAO GUDISEVA Counsel for the Respondents: PUBLIC PROSECUTOR 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 6910 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 petitioners herein (A2 & A3), seeking to quash the proceedings in FIR in Crime No.182 of 2026 of Machavaran Police Station, NTR Commissionerate District, for the offences punishable under Section 85 of the Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 4 of the Dowry Prohibition Act, 1961. 2. Learned counsel for the petitioners submits that pursuant to the Order dated 11.08.2026, 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 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 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.182 of 2026 of Machavaran Police Station, NTR Commissionerate 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.182 of 2026 of Machavaran Police Station, NTR Commissionerate District. 8. 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. 9. Accordingly, this Criminal Petition is disposed of. Interlocutory applications, if any, pending shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 01.09.2026 PSA 6 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 6910 of 2026 Date: 01.09.2026 PSA