Dr Gudipati Prabhakar Siva Vs The State of Andhra Pradesh

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APHC010314382026

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction) WEDNESDAY, THE 8^th DAY OF JULY 2026 PRESENT

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[3504]

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THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM

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CRIMINAL PETITION NO: 5079/2026

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Between:

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DR GUDIPATI PRABHAKAR SIVA, S/O. G. PANDU RANGAIAH, (A-1) AGED ABOUT 35 YEARS, R/O. FLAT NO. 502, BOMMARILLU APARTMENT, 2ND LANE, VIDYA NAGAR, GUNTUR, GUNTUR DISTRICT.

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GUDIPATI PANDU RANGAIAH,, S/O. PAPAIAH, AGED ABOUT 69 YEARS, R/O. D.NO. 2.6-39-76, 7TH LANE, A.T. AGRAHARAM, GUNTUR, GUNTUR DISTRICT.

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GUDIPATI TIRUPATHAMMA,, W/O. PANDU RANGAIAH, AGED ABOUT 63 YEARS, R/O. D.NO. 26-39-76, 7TH LANE, A.T. AGRAHARAM, GUNTUR, GUNTUR DISTRICT.

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GUDIPATI PARAMASIVA,, S/O. PANDU RANGAIAH, AGED ABOUT 42 YEARS, R/O. D.NO. 26-39-95, BESIDE ROHINI APARTMENT, 10TH LANE, A.T. AGRAHARAM GUNTUR, GUNTUR DISTRICT.

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...PETITIONER/ACCUSED(S) AND

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THE STATE OF ANDHRA PRADESH, THROUGH STATION HOUSE OFFICER, MADANAPALLE I TOWN POLICE STATION, ANNAMAYYA DISTRICT REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT OF A.P AT AMARAVATHI.

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DR Y KAVITHA, W/O. DR. G. PRABHAKARA SIVA, R/O. H.NO. 9-73-2, PENCHUPADU ROAD, MADANAPALLE TOWN, ANNAMAYYA DISTRICT.

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...RESPONDENT/COMPLAINANT(S):

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2

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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 pleased to quash the proceedings in F.I.R. No. 115 of 2026, dated 03-06-2026 on the file of Madanapalle I Police Station, Annamayya District, against the petitioners /Accused No. 1 to 4 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 may be pleased to dispense with the production of the certified copy of F.I.R in Cr.No. 115 of 2026 on the file of the Madanapalle I Town Police Station, Annamayya District and to 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 including the arrest of the petitioners / Accused No. 1 to 4 in Cr. No. 115 of 2026, on the file of Madanapalle I Police Station, Annamayya District, during the pendency of this criminal petition and pass

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Counsel for the Petitioner/accused(S):

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1.NAGESWARA RAO CHAVA

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Counsel for the Respondent/complainant(S):

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1.D PURNACHANDRA REDDY

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2.PUBLIC PROSECUTOR

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3

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THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5079 of 2026

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The Court made the following Order:

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This 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.115 of 2026 of Madanapalle I Town UPS, Annamayya District, registered for the offences punishable under Sections 85 read with 3(5) of the Bharatiya Nyaya Sanhitha, 2023 and Sections 3 and 4 of the Dowry Prohibition Act, 1961.

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

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4

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Despite of service of notice on respondent No.2, none represented on his behalf.

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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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