APHC010389852026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] MONDAY, THE 7th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 6336/2026 Between: 1. RAHUL DHOMNE, S/O.PRABHAKAR DHOMNE, AGED ABOUT 38 YEARS,OCCUPATION DIVISION HEAD - SMS HEAD - STEEL MELTING SHOP R/O. FLAT NO.101 WING A, HARIOM TWINS, NEAR TEJ PARK,NISARGA NAGAR, NASHIK DISTRICT, MAHARASHTRA - 422004. 2. VIPUL TIWARI, S/O.VED PRAKASH TIWARI, AGED ABOUT 29 YEARS.OCCUPATION ASSISTANT TO THE HEAD OF FURNACE DIVISION,R/O. 55 2, KRISHNAPUR, PILKICHHA, BADLAPUR, JAUNPUR DISTRICT, UTTAR PRADESH - 223107. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS STATION HOUSE OFFICER,YERPEDU UPS POLICE STATION - 517619,TIRUAPTI DISTRICT,THROUGH PUBLIC PROSECUTOR,HONBLE HIGH COURT OF ANDHRA PRADESH. 2. V SAGAR, S/O. V RAMA KRISHNA, AGED ABOUT 56 YEARS.OCCUPATION MANAGER OF PUSHPIT STEEL FACTORY ADDRESS MERLAPAKA VILLAGE, YERPEDU MANDAL,TIRUPATI DISTRICT - 517619. ...RESPONDENT/COMPLAINANT(S): 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 pleased to call for the records and Quash the Crime No: 100/2026, dated 27.06.2026 on the file of Station House Officer (SHO), Yerpedu UPS Police Station, Tirupati District for the alleged offences punishable U/S 316(2),318(4),r/w 3(5) BNS against Petitioners/Accused No.1 and 2 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 to dispense with filing of the original certified copy of Crime No: 100/2026, dated 27.06.2026 on the file of Station House Officer (SHO), Yerpedu UPS Police Station, Tirupati District before this Hon’ble Court 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 to stay for all further proceedings including appearance in Crime No 100/2026, dated 27.06.2026 on the file of Station House Officer 3 (SHO), Yerpedu UPS Police Station, Tirupati Distrtict, for the alleged offences punishable U/S 316(2),318(4),r/w 3(5) BNS against Petitioners/Accused 1 and 2 and pass IA NO: 3 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 may be pleased to dispense with filing of the original certified copy of CRLP No: 6336 of 2026 dated:30.07.2026 before this Hon’ble Court and pass IA NO: 4 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 may be pleased to direct that CRLP No. 6336 of 2026 be posted under the caption "For Being Mentioned", so as to enable the Petitioners to bring to the notice of this Hon'ble Court the typographical error that has occurred in the Order dated 30.07.2026 passed in CRLP No. 6336 of 2026, and to seek appropriate correction of the said error by recording that the Petitioners had specifically raised the contention regarding the 4 non-compliance with Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 41-A of the Code of Criminal Procedure, 1973), and consequently to drop the proceedings against the Petitioners in Crime No. 100 of 2026 on the file of the Station House Officer, Yerpedu UPS Police Station, Tirupati District, and pass Counsel for the Petitioner/accused(S): 1. GUNDALA SIVA PRASADA REDDY Counsel for the Respondent/complainant(S): 1. VAJJA CHETHAN KUMAR REDDY 2. PUBLIC PROSECUTOR 5 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 6336 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 (A1 & A2), seeking to quash the proceedings in FIR in Crime No.100 of 2026 of Yerpedu U.P.S., Tirupati District for the offences punishable under Section 316(2), 318(4), read with 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2. Learned counsel for the petitioners submits that pursuant to the Order dated 30.07.2026, 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. 6 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. 100 of 2026 of Yerpedu U.P.S, Police Station, Tirupati 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. 100 of 2026 of Yerpedu U.P.S, Police Station, Tirupati District. 1 (2014) 8 SCC 273 2 2026 SCC OnLine SC 162 7 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: 07.09.2026 vnb 8 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 6336 of 2026 Date: 07.09.2026 vnb