APHC010430712026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE 31st DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 7113 OF 2026 Between: 1. Guttala Subhash Babu, S/o Devadanam, Aged about 45 years,Occ Private, R/o D.No. 12-2-180-MIG-18, Housing Board Colony,Near Red Bridge, e ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor,High Court of Andhra Pradesh, Amaravati, Guntur District. 2. The Station House Officer, Amalapuram Town Police Station,Dr. B.R. Ambedkar Konaseema District, Andhra Pradesh. 3. Janga Baburao, S/o Narsimhamurthy, Aged about 75 years,Occ Retired Government Employee , Advocate, R/o D.No. 2-338, R.R. Nagar, Bandarulanka Post, Amalapuram Mandal,Dr. B.R. Ambedkar Konaseema District, Andhra Pradesh -533 201. ...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 Courtpleased to quash the proceedings in Crime No. 154 of 2026 dated 30.07.2026 on the file ::2:: of Amalapuram Town Police Station, Dr. B.R. Ambedkar Konaseema District, registered for the offence punishable under Sections 308(2) and 351(2) of the Bharatiya Nyaya Sanhita, 2023, insofar as the Petitioner is concerned and 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 dispense with filing of the original certified copy of Crime No. 154 of 2026 dated 30.07.2026 on the file of Amalapuram Town Police Station, Dr. B.R. Ambedkar Konaseema District, before this Hon’ble Court 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 stay all further proceedings, including all coercive steps against the Petitioner, in Crime No. 154 of 2026 dated 30.07.2026 on the file of Amalapuram Town Police Station, Dr. B.R. Ambedkar Konaseema District Counsel for the Petitioner: JADA SRAVAN KUMAR Counsel for the Respondents: PUBLIC PROSECUTOR ::3:: HE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM Crl.P.No.7113 of 2026 The Court made the following O R D E R: 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.154 of 2026 of Amalapuram Town UPS Police Station, Dr. B.R. Ambedkar Konaseema for the offences punishable under Section 308(2), 351(2) of the Bharatiya Nyaya Sanhitha, 2023. 2. Learned counsel for the petitioner submits that pursuant to the Order dated 17.08.2026, he has taken notice on respondent No.3 and filed a memo of proof of service to that effect. 3. Despite service of notice, none represented respondent No.3. 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 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 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.154 of 2026 of Amalapuram Town Police Station, Dr. B.R. Ambedkar Konaseema 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 Another 2 in FIR in Crime No.154 of 2026 of Amalapuram Town Police Station, Dr. B.R. Ambedkar Konaseema District. 8. If it is noticed in the course of investigation that the petitioner has 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. ______________________________ MAHESWARA RAO KUNCHEAM, J DT: 31.08.2026 krk ::6:: HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM Crl.P.No.7113 of 2026 DT: 31.08.2026 krk 165