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CDJ 2026 APHC 1419 My Notes print Preview print print
Court : High Court of Andhra Pradesh
Case No : Criminal Petition No. 6004 of 2026
Judges: THE HONOURABLE MR. JUSTICE MAHESWARA RAO KUNCHEAM
Parties : Challa Chandra Sekhar Chowdary alias Challa Chandrasekhar Versus The State of Andhra Pradesh, Represented by its Public Prosecutor High Court of Andhra Pradesh & Another.
Appearing Advocates : For the Petitioner: Shaik Shahedaz, Advocate. For the Respondents: Public Prosecutor.
Date of Judgment : 04-08-2026
Head Note :-
Bharatiya Nyaya Sanhita, 2023 - Section 318(4) -
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 Court pleased to quash the entire criminal proceedings against the Petitioner/Sole Accused in Cr.No.371 of 2026 dated 05.06.2026 on the file of Arundalpet P.S, Guntur District, registered for offences under Sections 318(4) of BNS, as they are lacking Merits and substance

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 certified copy of FIR and Complaint in Cr.No.371 of 2026 dated 05.06.2026 on the file of Arundalpet P.S, Guntur District, registered for offences under Sections 318(4) of BNS,

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 including arrest of the Petitioner/Sole Accused in Cr.No.371 of 2026 dated 05.06.2026 on the file of Arundalpet P.S, Guntur District, registered for offences under Sections 318(4) of BNS)

1. Instant Criminal Petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of the petitioner herein (Accused), seeking to quash the proceedings in FIR in Crime No.371 of 2026 of Arundalpet Police Station, Guntur District, for the offence punishable under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023.

2. Learned counsel for the petitioner submits that pursuant to the Order dated 21.07.2026, 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.371 of 2026 of Arundalpet Police Station, Guntur 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.371 of 2026 of Arundalpet Police Station, Guntur 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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