CRLP/6584/2026 of Arava Bhanubee Vs The State of Andhra Pradesh on 16 August 2026

1. Arava Bhanubee, W/o Abdul RaheemAged about 40 yars, Occ Home MakerR/o 05-45, Block 103, Tampiness Street-11 Singapore-52010Currently Residing at 4-60, Tekyala Street, Near Old MasjidPeddamudiam Village, Kadapa, Y.S.R Kadapa District- 51641. ...Petitioner AND

1. The State of Andhra Pradesh, Rep by its Public Prosecutor,High Court of Andhra Pradesh.

2. Matta Venkateswara Rao, S/o Not Known to the PetitionerAged about 36 years, Occ Not Known to the petitionerR/o Muggalla Viilage, Seethanagaram MandalEast Godavari District. ...Respondents 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 Courtcall for the records in crime No 41 of 2025 on the file of Seethanagaram / Police Station, East Godavari District and quash the same the Petitioner/Accused No. 1

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 dispense with filing of the original certified copy in F.I.R No. 41 of 2025, dated 20.02.2025, On the file of the Seethanagaram Police Station, East Godavari District before this Hon’ble Court 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 stay all further proceedings in crime No. 41 of 2025 on the file of Seethanagaram Police Station, East Godavari District Counsel for the Petitioner: RAMALAKSHMANA REDDY SANEPALLI

Counsel for the Respondents: PUBLIC PROSECUTOR

THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 6584 of 2026 The Court made the following Order:

Instant Criminal Petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhitha, 2023, has been filed on behalf of the petitioner herein (Accused), seeking to quash the proceedings in FIR in Crime No.41 of 2025 of Seethanagaram Police Station, East Godavari District for the offences punishable under Section 353(2), 352, 196(1) of Bharatiya Nyaya Sanhitha, 2023 and Section 66-E of the Information Technology Act, 2000- 2008.

2. Ms. R. Jishitha Reddy, learned counsel representing Sri S. Rama Lakshmana Reddy, learned counsel for the petitioner submits that pursuant to the order dated 03.08.2026, she 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, Sri K. Sandeep, 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.41 of 2025 of Seethanagaram Police Station, East Godavari 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 1 (2014) 8 SCC 273

the judgment of the Hon’ble Apex Court in Satendar Kumar Antil vs. Central Bureau of Investigation and Another2 in FIR in Crime No.41 of 2025 of Seethanagaram Police Station, East Godavari 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.

____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date:17.08.2026 krk

2 2026 SCC OnLine SC 162

TH.E HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM

CRIMINAL PETITION NO: 6584 of 2026

Date: 17.08.2026 krk