Andhra Pradesh High Court - Amravati
Ambati Rambabu vs The State Of Andhra Pradesh on 9 February, 2026
\
[3396 ]
(SHOW CAUSE NOTICE BEFORE ADMISSION)
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
/P 0
MONDAY. THE NINTH DAY OF FEBRUARY m
(1
4»
'i i|
TWO THOUSAND AND TWENTY SIX / /A'
m ■(ii
:PRESENT: ■vv-rcA'w
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
CRIMINAL PETITION NO: 1058 OF 2026
Between:
Ambati Rambabu, S/o Late Sri A.V.S.R Anjaneyulu, aged about 66
Years, Ex. Minister, R/o D.No. 4-20-28/2, Lane, Siddartha Nagar,
Guntur City.Guntur District.
Petitioner/Accused
AND
1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court
of Andhra Pradesh,'Amaravati.
2. The Station House Officer, Pattabhipuram Police Station, Guntur
District.
3. M Raj Kumar, S/o fathers name not known, aged about 35 years, Sub-
Inspector of Police, Pattabhipuram Police Station, Guntur District,
Andhra Pradesh (De-facto Complainant).
/
Respondents
WHEREAS the Petitioner/Accused above named through his Advocate R YELLA REDDY presented this Petition Under Section 528 of B.N.S.S. (Under Section 482 of Cr.P.C), is filed praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to exercise its inherent jurisdiction under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and quash Crime No.489/2025 dated 12.11.2025 on the file of Pattabhipuram Police Station, Guntur District, registered against the Petitioner as accused for the alleged offences under Sections 132,126(2), 351(3), and 189(2) read with Section 190 of the Bharatiya Nyaya Sanhita, 2023 and Section 30 of the Andhra Pradesh Police Act, 1861, by setting aside all further proceedings therein.
AND WHEREAS the High Court upon perusing the petition and memorandum of grounds filed herein and upon hearing the arguments of Sri R YELLA REDDY Advocate for the Petitioner, Public Prosecutor for Respondent Nos. 1 & 2, directed issue of notice to the Respondent No.3 herein to show cause as to why this CRIMINAL PETITION should not be admitted. You viz:
M Raj Kumar, S/o fathers name not known, aged about 35 years, Sub- Inspector of Police, Pattabhipuram Police Station, Guntur District, Andhra Pradesh,(De-facto Complainant) 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 memorandum of grounds filed therewith (copy enclosed) this CRIMINAL PETITION should not be admitted on or before 02.03.2026 to which date the case stands posted for hearing.
lA NO: 2 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings, including investigation and any coercive steps, in Crime No.489/2025 dated 12.11.2025 on the file of Pattabhipuram / Police Station, Guntur District, insofar as the Petitioner / Accused is concerned, and pending disposal of CRLP No. 1058 of 2026, on the file of the High Court. The Court made the following: ORDER "Heard the learned counsel for the Petitioner.
Learned Assistant Public Prosecutor takes notice for the State.
Learned counsel for the Petitioner 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 SCC 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.3.
Learned counsel for the Petitioner is permitted to take out personal notice on Respondent No.3 through Speed Post/Courier and file proof of the same.
List the matter on 02.03.2026.
SD/- K.J.RAJA BABU //TRUE COPY// ASSISTANT REGISTRAR Fo SECTION OFFICER To,
1. M Raj Kumar, S/o fathers name not known, aged about 35 years, Sub-
Inspector of Police, Pattabhipuram Police Station, Guntur District, Andhra Pradesh, De-facto Complainant (by RPAD- along with a copy of petition and memorandum of grounds)
2. One CC to SRI. R YELLA REDDY Advocate [OPUC]
3. Two CC's to Public Prosecutor, High Court of AP at Amaravati. [OUT] /
4. One spare copy <2014) 8 see 273 HIGH COURT DR.VJP,J DATED: 09/02/2026 LIST THE MATTER ON 02.03.2026 NOTICE BEFORE ADMISSION CRLP.No.1058 of 2026 DIRECTION