Andhra Pradesh High Court - Amravati
Between vs The State Of Andhra Pradesh on 6 January, 2026
(SHOW CAUSE NOTICE BEFORE ADMISSION)
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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAlf "
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TUESDAY, THE SIXTH DAY OF JANUARY v-
TWO THOUSAND AND TWENTY SIX
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!v^ :PRESENT:
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 49 OF 2026 Between:
1, Thummisi Venkatesh, S/o T. Nedipanna, aged about 80 years, Occ: Agriculturist, R/o Mayathuru Village, V. Kota Mandal, Chittoor District (A-1)
2. T Venkataswamy, S/o Thummisi Venkatesh, Aged about 62 years. Agriculturist, R/o Mayathuru Village, V. Kota Mandal, Chittoor District.
V.-' (A-2)
3. K Chengalraya'ppa, S/o K. KrislFinappa, Aged about 57 years. Agriculturist, R/o Mayathuru Village, V. Kota Mandal, Chittoor District w' (A-3)
4. Peddammaiah, W/o T. Venkataswamy, Aged about 55 years. Agriculturist, R/o Mayathuru Village, V Kota Mandal, Chittoor District. (A5) ...Petitioners AND
1. The State of Andhra Pradesh, rep., by its Public Prosecutor, High Court Buildings, Amaravathi.
2. K Chengalrayalu Setty, S/o late Venkatram Setty, Aged about 65 years, Occ Farmer, R/o Javanjipalli Village, V. Kota Mandal, Chittoor District.
...Respondents WHEREAS the Petitioners/Accused above named through their Advocate V R REDDY KOW'URI presented this Petition under Section 528 of BNSS, praying that in the circumstances stated in the memorandum of grounds filed in support of the Criminal Petition, the High Court may be pleased to call for the records in FiR.No.140 of 2025 on the file of the V.kota Urban Police Station, Chittoor District registered for the offences under Sections 329(3), 118(1), 115(2), 351 (2), 79 r/w 3(5) of the BNS and quash the same.
AND WHEREAS the High Court upon perusing the petition and memorandum of grounds filed herein and upon hearing the arguments of Sri V R REDDY KOWURI Advocate for the Petitioners, and of PUBLIC PROSECUTOR, for the Respondent No.1, directed issue of notice to the Respondent No.2 herein to show cause as to why this CRIMINAL PETITION should not be admitted.
You viz:
K Chengalrayalu Setty, S/o late Venkatram Setty, Aged about 65 years, Occ FarmerR/o Javanjipalli Village, V. Kota Mandal, Chittoor District.
are be and hereby directed to show cause either appearing in person or through an Advocate, as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this CRIMINAL PETITION should not be admitted, on or before 17.02.2026, to which date the case stands posted for hearing.
lA NO: 2 OF 2026 Petition under Section 528 of BNSS praying that in the circumstances stated in the memorandum of grounds filed in support of the petition, the High Court may be pleased to stay*^all further proceedings in FIR.No.140 of 2025 dated 28.09.2025 on the file of the V.Kota Urban Police Station, Chittoor District, pending disposal of CRLP No. 49 of 2026, on the file of the High Court.
The Court made the following: ORDER Heard the learned counsel for the Petitioners.
Learned Assistant Public Prosecutor takes notice for the State.
Learned counsel for the Petitioners would submit that all the offences are punishable below seven years of imprisonment and a direction may be given to the Police to follow the guidelines issued by Hon'ble Apex Court in Arnesh Kumar v. State of Bihar^ reported in (2014) 8 see 273, since Section 35(3) of BNSS is pari materia to Section 41-A of the Code of Criminal Procedure.
Learned Assistant Public Prosecutor fairly conceded the same and would submit that a direction may be given to the Police to follow the procedure as established under Section 35(3) of BNSS since the offences are punishable with an imprisonment of below seven years.
In that view, the Police are directed to follow the guidelines issued by the Hon'ble Apex Court in Arnesh Kumar v. State of Bihar (referred supra) Scrupulously, Issue notice to Respondent No.2.w^ Learned counsel for the Petitioners is permitted to take out personal notice on Respondent No.2 through Speed post/Courler and file proof of the same.
List the matter on 17.02.2026.
SDI- IVI.PRABHAKARA RAO
DEPUW REGISTRAR
//TRUE COPY//
F SECTION OFFICER
To,
1. The Station House Officer, V.Kota Urban Police Station, Chittoor
District
(2014) 8 see 273
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2. K ChengalrayaliTSetty, S/o late Venkatram Setty.Aged about 65 years, Occ: Farmer, R/o Javanjipalli Village, V. Kota Mandal, Chittoor District, (by RPAD- along with a copy of petition and memorandum of V.- -
grounds)
3. One CC to SRI. V R REDDY KOWURI Advocate [OPUC]
4. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh [OUT]
5. One spare copy PSR HIGH COURT DR.VJP.J DATED;06/01/2026 NOTE: List the matter on 17.02.2026.
NOTICE BEFORE ADMISSION CRLP.No.49 of 2026 INTERIM DIRECTION