Patan Shabirun Vs The State of Andhra Pradesh

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 call for the records in Crime No. 135 of 2026, dated 16.05.2026 on the file of the Proddatur Rural Police Station, for the offences punishable under Section 318(4) read with 3(5) of

¶17

2

¶18

the Bharatiya Nyaya Sanhita (BNS), 2023 and quash the same and pass

¶19

IA NO: 1 OF 2026

¶20

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 may be pleased to dispense with filing the certified copy of the Crime No. 135 of 2026, dated 16.05.2026 on the file of the Proddatur Rural Police Station, pending disposal of the above Criminal Petition and pass

¶21

IA NO: 2 OF 2026

¶22

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 may be pleased to grant stay all further proceedings in Crime No. 135 of 2026, dated 16.05.2026 on the file of the Proddatur Rural Police Station, pending disposal of the Criminal Petition and pass

¶23

Counsel for the Petitioner/accused: 1.N.RUPESWAR REDDY

¶24

Counsel for the Respondent/complainant(S): 1.PUBLIC PROSECUTOR

¶25

3

¶26

THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 4927 of 2026

¶27

The Court made the following Order:

¶28

Instant Criminal Petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhitha, 2023, has been filed on behalf of the petitioner herein/A1 to quash the proceedings in Crime (FIR) No.135 of 2026 of Proddatur Rural Police Station,

¶29

YSR Kadapa District, registered for the offences punishable under Sections 318(4) read with 3(5) of the Bharatiya Nyaya Sanhitha, 2023.

¶30

Learned counsel for the petitioner submit that pursuant to the order dated 22.06.2026, he has taken notice to unofficial respondent No.2 which was returned with an endorsement “addressee deceased”.

¶31

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.

¶32

4

¶33

On the other hand, Sri Neelothpal Ganji, 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.

¶34

Heard. Perused the entire available material on record.

¶35

Since the offences alleged 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 Md.Asfak Alam Vs. State of Jharkhand and Another² .

¶36