APHC010439632026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE 7th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 7307 OF 2026 Between: 1. Srinivas Naidu Alias Gangineni Srinivasulu, S/o. G.Narasimhulu, Aged about 51 years, Occupation President of Gangineni Educational Society,R/o. D. No. 3-464, Flat No.301, Adarsh Nagar, Near old dairy farm, Visakhapatnam Rural,Visakhapatnam District, Pin Code - 530040. A-3 ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor,High Court of Andhra Pradesh,Amaravati, Pin Code - 522239. 2. Gujjala Rajashekar, S/o. G. Mariswamy, Aged about 28 years.Occupation Not known to the petitioner,R/o. Door No. 1/284, Yerrabanda Village, Kambadur Mandal,Ananthapuram District, PIN Code 51576. ...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 2 Courtquash the Crime No. 238 of 2026 of Tirupati Rural U.P.S, Tirupati District, registered against the petitioner 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 the filing of certified copy of Crime No. 238 of 2026 of Tirupati Rural U.P.S, Tirupati District and receive the main Criminal Petition on file in the interests of justice 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 stay of all further proceedings including the arrest of the Petitioner in Crime No. 238 of 2026 of Tirupati Rural U.P.S, Tirupati District, pending disposal of the main Criminal Petition. Counsel for the Petitioner: SARANU PHANI TEJA Counsel for the Respondents: PUBLIC PROSECUTOR 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 7307 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.238 of 2026 of Tirupati Rural U.P.S. Police Station, Tirupati District for the offences punishable under Section 318(4), 336(3), 340(2), 61(2)(a) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2. Learned counsel for the petitioner submits that pursuant to the Order dated 24.08.2026, 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 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 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 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.238 of 2026 of Tirupati Rural 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 Crime 1 (2014) 8 SCC 273 2 2026 SCC OnLine SC 162 5 No.238 of 2026 of Tirupati Rural U.P.S. Police Station, Tirupati District. 8. 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. 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 6 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 7307 of 2026 Date: 07.09.2026 vnb