Disposed¶34

Chowdappa Ramesh v. The State of Andhra Pradesh

Andhra Pradesh HC12 Jul 2026CRLP/5023/2026

Case brief

AI extract

What is this about?

Section 35(3) BNSS notice-of-appearance procedure; Section 41A Cr.P.C. counterpart; Arnesh Kumar (2014) 8 SCC 273 arrest guidelines; Md. Asfak Alam (2023) 8 SCC 632; offences punishable with imprisonment less than seven years; protection from arrest and coercive steps; quashing of FIR No.44 of 2026 under Section 318(4) BNS; Gorantla Police Station, Sri Sathya Sai District; Andhra Pradesh High Court, Amaravati; Criminal Petition disposed of (2026).

What did the court decide?

Petitioner protected by way of a direction to the respondent police to follow the procedure under Section 35(3) of the BNSS, 2023 (corresponding to Section 41A Cr.P.C.) scrupulously as per the Arnesh Kumar guidelines, reiterated in Md. Asfak Alam; the criminal petition is disposed of and pending interlocutory applications, if any, shall stand closed. ¶34

Chowdappa Ramesh Vs The State of Andhra Pradesh — Cheating and Forgery | Andhra Pradesh HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner/accused in Crime (FIR) No.44 of 2026 (offence under Section 318(4) BNS, punishable with imprisonment of less than seven years) is entitled to protection from the police, and whether the police must follow the procedure contemplated under Section 35(3) of the BNSS, 2023 (corresponding to Section 41A Cr.P.C.).

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Court's answer

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, the Court directs the respondent/police to follow the procedure 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 v. State of Bihar, as reiterated in Md. Asfak Alam v. State of Jharkhand.

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Detailed headnote1 paragraphs

Criminal Petition under Section 528 BNSS, 2023 seeking quashment of proceedings in Crime (FIR) No.44 of 2026 of Gorantla Police Station, Sri Sathya Sai District, registered under Section 318(4) BNS, 2023 — During hearing, counsel for the petitioner confined the prayer to protection of the petitioner from the police, since the offences alleged are punishable with imprisonment of less than seven years, and sought a direction that the police follow the procedure under Section 35(3) BNSS (corresponding to Section 41A Cr.P.C.); the learned Assistant Public Prosecutor did not oppose and concurred — Held, directing the respondent police to follow the Section 35(3) BNSS procedure scrupulously as per the guidelines enunciated in Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273, reiterated in Md. Asfak Alam v. State of Jharkhand, (2023) 8 SCC 632 — Criminal Petition disposed of; pending interlocutory applications closed.

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APHC010312872026

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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MONDAY, THE 13^th DAY OF JULY 2026

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[3504]

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PRESENT

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THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM

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CRIMINAL PETITION NO: 5023/2026

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Between:

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CHOWDAPPA RAMESH, S/O CHOWDAPPA,AGED 51 YEARS, OCC BUSINESS,R/O D.NO.5-6-29/5, LAKSHMIPURAM,HINDUPUR TOWN AND MANDAL, SRI SATHYA SAI DISTRICT.

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...PETITIONER/ACCUSED

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AND

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THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR,HIGH COURT AT AMARAVATHI.THROUGH THE SHO, GORANTIA POLICE STATIONGORANTIA, SRI SATHYA SAI DISTRICT-522238.

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TALARI CHALAPATHI, S/O VENKATARAMANAPPA,AGED 50 YEARS, R/O GUDIPALLI VILLAGE,SOMANDEPALLI MANDAL, SRI SATHYA SAI DISTRICT515122. RESPONDENT NOS.3 TO 7 ARE DELETED FROM THE ARRAY OF RESPONDENTS IN THE CRIMINAL PETITION, AS PER THE COURT'S ORDER DATED 29.06.2026 IN CRL.P.NO.5023 OF 2026.

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...RESPONDENT/COMPLAINANT(S):

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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

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pleased to quash the Cr.No.44 of 2026, on the file of the Gorantia Police Station, Gorantia, Sri Sathya Sai District and pass

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IA NO: 1 OF 2026

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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 certified copy of FIR in Cr.No.44 of 2026, on the file of the Gorantia Police Station, Gorantia, Sri Sathya Sai District, and pass

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IA NO: 2 OF 2026

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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 of all further proceedings in Cr.No.44 of 2026, on the file of the Gorantia Police Station, Gorantia, Sri Sathya Sai District, pending disposal of the above criminal petition including insisting personal appearance before the police authorities or any other coercive steps against the petitioner, and pass

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Counsel for the Petitioner/accused: 1.N ASWARTHA NARAYANA

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

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THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5023 of 2026

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The Court made the following Order:

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Instant Criminal Petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhitha, 2023, has been filed on behalf of the petitioner herein/Accused to quash the proceedings in Crime (FIR) No.44 of 2026 of Gorantla Police Station, Sri Sathya Sai District, registered for the offence punishable under Section 318(4) of the Bharatiya Nyaya Sanhitha, 2023.

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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.

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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 offence alleged are punishable with imprisonment of less than seven years.

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Heard. Perused the entire available material on record.

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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 .

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