Andhra Pradesh High Court - Amravati
Ambati Rambabu vs The State Of Andhra Pradesh on 9 February, 2026
[3396]
(SHOW CAUSE NOTICE BEFORE ADMISSION) Ot
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATjl *
1
MONDAY, THE NINTH DAY OF FEBRUARY 111
m
TWO THOUSAND AND TWENTY SIX
iPRESENT:
the honourable dr justice VENKATA JYOTHIRMAI PRATAPA
CRIMINAL PETITION NO; 1041 OF 2026 r
Between:
Ambati Rambabu, S/o Late Sri A.V.S.R Anjaneyulu aged about 68
Years, Ex. Minister, R/o D.No. 4-20-28/2 1®* Lane, Siddhartha Nagar,
Guntur City, Guntur District.
Petitioner/Accused
AND
1. The State of Andhra Pradesh, Represented by its Public Prosecutor,
High Court of Andhra Pradesh, Amaravati.
2. Kanagala Madhusudhana Prasad, Fathers name not known aged about
45 years. Resident of Kolluru Village & Mandal, Bapatia District, Andhra
Pradesh.
Respondent/De-facto Complainant
WHEREAS the Petitioner above named through his Advocate Sri Sudharsana Reddy J, presented this Petition under Section 528 of B.N.S.S., praying that in the circumstances stated in the affidavit fiied 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 the First Information Report in Crime No. 19 of 2026 dated 31.01.2026 on the file of Kolluru Police Station, Bapatia District, and all consequential proceedings arising therefrom as the impugned FIR is a successive and multiple FIR arising out of the very same incident already covered by earlier crimes;
AND WHEREAS the High Court upon perusing the petition and memorandum of grounds filed herein and upon hearing the arguments of Sri Sudharsana Reddy J, Advocate for the Petitioner, and of Public Prosecutor for 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:
Kanagala Madhusudhana Prasad, Fathers name not known aged about 45 years, Resident of Kolluru Village & Mandal, Bapatia District Andhra Pradesh.
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 02.03.2026, on which date the case stands posted for hearing.
lA NO: 2 OF 2(i7R Petition under Section 528 of B.N.S.S. is filed praying that in the circumstances stated in the grounds filed in support of the petition, the High Court may be pleased to stay all further proceedings, including investigation and any coercive steps, pursuant to the impugned FIR in Crime No. 19 of 2026 dated 31.01.2026 on the file of Kolluru Police Station, Bapatia District, pending disposal of CRLP ,No J- . 1041 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 Amesh Kumar v. State ef Bl/,ar> reported i 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 Amesh Kumar v. State of Bihar (referred supra) scrupulously.
Issue notice to Respondent No.2.
Learned counsel for the Petitioner is permitted to take out personal notice on Respondent No.2 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
F(
SECTION OI ER
To,
1. The Station House Officer, KollUru Police Station, Bapatia District
2. Kanagala Madhusudhana Prasad, Fathers name not known aged about 45 years. Resident of Kolluru Village & Mandal, Bapatia District, Andhra / Pradesh, (by RPAD- along with a copy of petition and memorandum of grounds)
3. OneCCto SRI. Sudharsana Reddy J Advocate [OPUC]
4. Two CCs to Public Prosecutor, High Court of AP [OUT]
5. One spare copy KJ ^ (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.1041 of 2026 DIRECTION // o C3 A fl ftB ?BS m i :x; CO :!C x *