Ramagiri Sal Kishore Vs The State of Andhra Pradesh

YELAMUKURI MALLIKARJUN REDDY, ,S/O Y.NARASIMHA REDDY, AGE 33 YEARS,OCC BUSINESS, RESIDING AT D.NO.2/306-A-2, SREERAMULA PETA,YERRAGUNTIA, KADAPA DISTRICT.

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CHIGICHERLA LOKESH, ,S/O C. ESWARAIAH, AGE 29 YEARS,OCC COOLIE, RESIDING AT D.NO.2-202GNYAMADDALA VILLAGE,SRI SATYA SAI DISTRICT.

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KANDACHARAM RADHA, ,W/O K. RAVI, AGE 57 YEARS,OCC HOUSE WIFE, RESIDING AT D.NO.6/2/342.KOVURU NAGAR, ANANTHAPURAMU TOWN MANDAL,SRI SATYA SAI DISTRICT.

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...PETITIONER/ACCUSED(S)

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AND

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THE STATE OF ANDHRA PRADESH, ,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF ANDHRA PRADESH,NELAPADU AT AMARAVATHI.

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SUNG HUN KIM, , S/O HO KI KIM,AGE 47 YEARS. PASSPORT NO.M83630084,DIRECTOR AND KOREAN INVESTOR OFAPMMS ENTERPRISE PRIVATE LIMITEDSITUATED AT ROUND BUILDINGSY.NO.353-2A2, NH-44 GUTTURU

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VILLAGE,PENUKONDA MANDAL, SRI SATHYA SAI DISTRICT

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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 Courtpleased to call for the records pertaining to in connection with Cr.No. 26/2026 dated 09/05/2026 of KIA Police Station, Sri Satya Sai District and quash the same and to 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 pleased to stay all further proceedings including arrest of the petitioners in Cr.No. 26/2026 dated 09/05/2026 of KIA Police Station, Sri Satya Sai District, , pending the above quash petition and pass

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Counsel for the Petitioner/accused(S):

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1.SHAFATH AHMED KHAN

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Counsel for the Respondent/complainant(S):

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1.PUBLIC PROSECUTOR

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2.K V L NARASIMHA RAO

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HE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM

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Crl.P.No.5220 of 2026

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The Court made the following

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O R D E R:

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This Criminal Petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhitha, 2023, has been filed on behalf of the petitioners herein (A1 to A4) seeks to call for records and to quash the proceedings in Crime (FIR) No.26 of 2026 of KIA Police Station, Sri Satya Sai District, registered for the offences punishable under Sections 316(2), 316(4), 318(4) read with 3(5) of Bharatiya Nyaya Sanhita, 2023 (BNS).

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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.

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3 . 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 petitioners for the reason that the

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

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

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5. 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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6. Accordingly, this Criminal Petition is disposed of.

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