Case No : Criminal Petition Nos. 6041, 6048 of 2026
Judges: THE HONOURABLE MR. JUSTICE MAHESWARA RAO KUNCHEAM
Parties : Kantamneni Sri Phani & Another Versus The State of Andhra Pradesh, Rep. by the Public Prosecutor, Amaravati & Others
Appearing Advocates : For the Petitioner: V.V. Lakshmi Narayana, Pala Karthi Kiran, Advocates. For the Respondents: Public Prosecutor, Nimmagadda Revathi, Advocate.
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 certified copy of the Crime No.61/2026 of PS Bhattiprole, Bapatia Disttrict, pending disposal of the above Criminal Petition 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 in Crime PS Bhattiprole, Bapatia Disttrict insofar, theofNo.61/2026 petitioner/accused No.1, pending disposal of this criminal petition, and to pass
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 Courtpleased to be quash the entire proceedings in Crime No. 388/ 2026, dated 01.07.2026 on the file of P.M. Palem Police Station, Visakhapatnam, in the interests of justice and pass such 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 in Crime No. 388/ 2026, dated 01.07.2026 on the file of P.M. Palem Police Station Visakhapatnam, and receive the main Criminal Petition on file in the interests of justice and to pass such
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 be grant stay of all further proceedings in Crime No. 388/ 2026, dated 01.07.2026 on the file of P.M. Palem Police station Visakhapatnam, in the interests of justice and pass such)
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.61 of 2026 of Bhattiprole Police Station, Bapatla District, for the offence punishable under Section 329(1), 296(b), 115(2) and 351(2) read with 3(5) of the Bharatiya Nyaya Sanhitha, 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.61 of 2026 of Bhattiprole Police Station, Bapatla 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.61 of 2026 of Bhattiprole Police Station, Bapatla 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.
