CRLP/4989/2026 of Kolakani Eswaraiah Vs The State of Andhra Pradesh on 12 August 2026

1. Kolakani Eswaraiah, S/o Kolakani Ramudu,Age 51 years, Resident of Gangavaram village,Sirivella Mandal, Kurnool District

- 518583.

2. Kolakani Samba Sivudu, S/o RamaiahAge 54 years. Resident of Gangavaram villageSirivella Mandal, Kurnool District - 518583.

3. Kolakani Siva RamaKrishna Alias Rama Krishna, S/o Kolakani Samba Sivudu, age 19 years.Resident of Gangavaram village, Sirivella MandalKurnool District - 518583. ...Petitioners AND

1. The State of Andhra Pradesh, represented by its Public ProsecutorHigh Court of Andhra Pradesh at Amaravathi.

2. Kolakani Gopal, S/o Kolakani Venkateswarulu,Age 31, Resident of Gangavaram village, Sirivella MandalKurnool District

- 518583 Defacto Complainant ...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 Court be pleased to quash the proceedings in Crime No. 51 of 2026, dated

25.05.2026, on the file of the Sirivella Police Station, Nandyal, Kurnool District 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 to dispense with the filing of the certified copy of Crime No. 51 of 2026, dated 25.05.2026, on the file of the Sirivella Police Station, Nandyal 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 to stay all further proceedings against the petitioner in Crime No. 51 of 2026, dated 25.05.2026 on the file of the Sirivella Police Station, Nandyal and pass Counsel for the Petitioners: M V V R SATYANARAYANA

Counsel for the Respondents: PUBLIC PROSECUTOR

THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM

CRIMINAL PETITION NO: 4989 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 petitioners herein (A1 to A3), seeking to quash the proceedings in FIR in Crime No.51 of 2026 of Sirivella Police Station, Nandyal District, for the offences punishable under Section 329(4), 115(2), 351(2) and 79 read with 3(5) of the Bharatiya Nyaya Sanhitha, 2023.

2. 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.

3. 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 petitioners, for the reason that the offences alleged are punishable with imprisonment of less than seven years.

4. Heard. Perused the entire available material on record.

5. Since the offences alleged in FIR in Crime No.51 of 2026 of Sirivella Police Station, Nandyal 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 the judgment of the Hon’ble Apex Court in Satendar Kumar Antil vs. Central Bureau of Investigation and Another2 in FIR in Crime No.51 of 2026 of Sirivella Police Station, Nandyal District.

6. 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.

1 (2014) 8 SCC 273 2 2026 SCC OnLine SC 162

7. Accordingly, this Criminal Petition is disposed of.

Interlocutory applications, if any, pending shall stand closed.

____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 13.08.2026 PSA

THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM

CRIMINAL PETITION NO: 4989 of 2026

Date: 13.08.2026 PSA