Court of Andhra Pradesh, Nelapadu, Amaravathi, Guntur District v. City

#4. Vallabhapurapu Vinaya Babu, S/o Srinivasa Rao, aged about 27 years, H.No. 3-85/1,Kuchimpudi, Near old Ramalayam, Pedavegi MandalamP.O. Kuchimpudi, W.G.Dt., A.P. 534450. AND 1. The State of Andhra Pradesh, rep. by Public Prosecutor, High Court of Andhra Pradesh, Nelapadu, Amaravathi, Guntur District - ...Petitioners 522 238

#2. Sub Inspector of Police, Eluru Two Town Police Station, Eluru.

#3. Pedada Lalitha Seshakumari, W/o Haribabu, aged about 58 Years, Ramalayam Street, Near Subbammadevi School, Eluru City, W.G.Dt. 534 002. ...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 Courtto quash the FIR/Crime No. 168/2026, dt. 24-7-2026 of Two Town Police Station, Eluru, W.G.Dt 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 the filing of the certified copies of FIR/Crime No. 168/2026, dt. 24-7-2026 of Two Town Police Station, Eluru, W.G.Dt. in the interest 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 to grant stay of all further proceedings in pursuance of Crime No. 168/2026 of Two Town Police Station, Eluru including arrest of the petitioners A1 to A4 pending disposal of the quash proceedings in Crime No. 168/2026 on the file of Two Town Police Station, Eluru Counsel for the Petitioners: K SUBRAHMANYAM Counsel for the Respondents: PUBLIC PROSECUTOR 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 7147 of 2026 The Court made the following Order: Instant Criminal Petition, under Section 528 of Bharatiya Nagarik Suraksha Sanhitha, 2023, has been filed on behalf of the petitioners herein (A1 to A4), seeking to quash the proceedings in FIR in Crime No.168 of 2026 of Eluru II Town, Eluru district for the offences punishable under Section 318(4), 316(2), 336(3), read with Section 3(5) Bharatiya Nyaya Sanhita,

#2. Learned counsel for petitioners 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 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 learned counsel for 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.168 of 2026 of Eluru II Town Police Station, Eluru 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. 1 (2014) 8 SCC 273 5 Central Bureau of Investigation and Another2 in FIR in Crime 168 of 2026 of Eluru II Town Police Station, Eluru 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. Date: 31.08.2026 ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM 2 2026 SCC OnLine SC 162 6 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM 60 CRIMINAL PETITION NO: 7147 of 2026 Date: 31.08.2026