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CDJ 2026 APHC 1409 My Notes print Preview print print
Court : High Court of Andhra Pradesh
Case No : Criminal Petition No. 5685 of 2026
Judges: THE HONOURABLE MR. JUSTICE MAHESWARA RAO KUNCHEAM
Parties : Pathivada Suresh Kumar The State of Andhra Pradesh, Represented By Public Prosecutor, Visakhapatnam & Another
Appearing Advocates : For the Petitioner: Bonu Rama Shankar Rao, Advocate. For the Respondent: Public Prosecutor.
Date of Judgment : 03-08-2026
Head Note :-
Criminal Procedure Code & 528 of BNSS - Section 482 -
Judgment :-

(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 Courtleased to stay all flirther proceedings inclining the appearance in FIR in Crime no. 32 of 2026 dt. 01.04.2026 on the file of the Mahila Urban Police Station, Visakhapatnam registered against the Petitioners/Accused No. 1 to 4 herein Under Section 85 of BNS and Section 3 & 4 of D.P. Act, pending disposal of the Criminal Petition 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 leased to dispense with the filing of certified copy of the said FIR in Crime no. 32 of 2026 dt. 01.04.2026 on the file of the Mahila Urban Police Station, Visakhapatnam 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 eased to stay all further proceedings including the appearance in FIR in Crime no. 32 of 2026 dt. 01.04.2026 on the file of the Mahila Urban Police Station, Visakhapatnam registered against the Petitioners/Accused No. 1 to 4 herein Under Section 85 of BNS and Section 3 & 4 of D.P. Act, pending disposal of the Criminal Petition and pass such other order or orders as this Honourable Court may deem fit and proper in the circumstances of the case.)

1. Instant Criminal Petition, under Section 528 of the 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.32 of 2026 of Mahila Urban Police Station, Visakhapatnam for the offences punishable under Section 85 of the Bharatiya Nyaya Sanhitha, 2023 and Sections 3 and 4 of Dowry Prohibition Act, 1961.

2. Learned counsel for the petitioners submits that pursuant to the Order dated 13.07.2026, 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.

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.32 of 2026 of Mahila Urban Police Station, Visakhapatnam 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.32 of 2026 of Mahila Urban Police Station, Visakhapatnam.

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.
 
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