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CDJ 2026 APHC 1441
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| Court : High Court of Andhra Pradesh |
| Case No : Criminal Petition No. 5591 of 2026 |
| Judges: THE HONOURABLE MR. JUSTICE MAHESWARA RAO KUNCHEAM |
| Parties : Arava Bhanubee Versus The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh & Another |
| Appearing Advocates : For the Petitioner: Ramalakshmana Reddy Sanepalli, Advocate. For the Respondents: Public Prosecutor. |
| Date of Judgment : 06-08-2026 |
| Head Note :- |
Criminal Procedure Code - Section 482 -
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| Summary :- |
1. Statutes / Acts / Rules Mentioned:
- Section 437/438/439/482 of Cr.P.C
- Section 528 of BNSS
- Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023
- Section 196(1), 336(1), 352, 353(2) and 356(2) of the Bharatiya Nyaya Sanhitha, 2023
- Section 66 read with 43 & 67 of Information Technology Act, 2000-2008
- Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023
- Section 41A Cr.P.C
- Arnesh Kumar vs. State of Bihar and another ((2014) 8 SCC 273)
- Satendar Kumar Antil vs. Central Bureau of Investigation and Another (2026 SCC OnLine SC 162)
2. Catch Words:
quash, investigation, imprisonment less than seven years
3. Summary:
The petitioner filed a criminal petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhitha seeking quash of FIR No. 345/2024 alleging offences under the Bharatiya Nyaya Sanhitha and the IT Act. The petitioner argued that the offences attract imprisonment of less than seven years and invoked Section 35(3) of the BNSS, analogous to Section 41A Cr.P.C. The Assistant Public Prosecutor raised no objection. The Court, noting the less‑than‑seven‑year punishment and the absence of opposition, directed the police to follow the procedure under Section 35(3) of the BNSS in line with the Arnesh Kumar guidelines, and to proceed only if a higher‑punishment offence emerges. The petition was consequently disposed of, and any pending interlocutory applications were closed.
4. Conclusion:
Petition Dismissed |
| Judgment :- |
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(Prayer: 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 in crime No 345 of 2024 on the file of Bhogapuram Police Station, Vizianagaram and quash the same the Petitioner/Accused No. 1 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 pleased to dispense with filing of the original certified copy in F.I.R No. 345 of 2024, dated 10.11.2024, On the file of the Bhogapuram Police Station, Vizianagaram 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 pleased to stay all further proceedings in crime No. 345 of 2024 on the file of Bhogapuram Police Station, Vizianagaram and pass)
1. Instant Criminal Petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhitha, 2023, has been filed on behalf of the petitioner herein (A1), seeking to quash the proceedings in FIR in Crime No.345 of 2024 of Bhogapuram Police Station, Vizianagaram District, for the offences punishable under Section 196(1), 336(1), 352, 353(2) and 356(2) of the Bharatiya Nyaya Sanhitha, 2023 and Section 66 read with 43 & 67 of Information Technology Act, 2000-2008.
2. Learned counsel for the petitioner submits that pursuant to the Order dated 15.07.2026, 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 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.
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.345 of 2024 of Bhogapuram Police Station, Vizianagaram 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 another ((2014) 8 SCC 273), which was reiterated in the judgment of the Hon’ble Apex Court in Satendar Kumar Antil vs. Central Bureau of Investigation and Another (2026 SCC OnLine SC 162) in FIR in Crime No.345 of 2024 of Bhogapuram Police Station, Vizianagaram 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.
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