Andhra Pradesh High Court - Amravati
Ambati Rambabu vs The State Of Andhra Pradesh on 9 February, 2026
(SHOW CAUSE NOTICE BEFORE ADMISSION)
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI-^^
MONDAY, THE NINTH DAY OF FEBRUARY,"
I
TWO THOUSAND AND TWENTY SIX ^ I
: PRESENT:
THE HONOURABLE DR^^JUSTICE VENKATA JYOTHIRMAI PRATAPA
CRIMINAL PETITION NO: 1044 OF 2026
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, Lane, Siddhartha Nagar, Guntur City,
Guntur District.
.. .Petitioner/Accused
AND
1. The State of Andhra Pradesh, Represented by its Publi^rosecutor,
High Court of Andhra Pradesh,Amaravati, Through the Station House
Officer, GorantIa Police Station, Sri Sathya Sai District.
... Respondent/Respondent
2. Gutta Bala Krishna Chowdary, S/o Chinna Rangappa, Bachinapalli
Village, GorantIa Mandal, Sri Satya Sai District, Andhra Pradesh
■ Respondent/Defacto Complainant
WHEREAS the Petitioner/Accused above named through his
Advocate Sri.M BALA I^ISHNA presented this Petition under Section 528 of
BNSS, is filed praying that in the circumstances stated in the grounds filed in
support of the Criminal Petition, the High Court may be pleased to quash the
FIR.No. 12/2026 dated 01.02.2026 on the file of GorantIa Police Station, Sri
Sathya Sai District: ^
AND WHEREAS the High Court upon perusing the petition and
affidavit/memorandum of grounds filed herein and upon hearing the
arguments of Sri M BALA k^lSHNA Advocate for the Petitioner, Public
Prosecutor for R1 directed issue of notice to the Respondent Na2 herein to
show cause as to why this CRIMINAL PETITION should not be admitted.
You viz:
Gutta Bala Krishna Chowdary, S/o Chinna Rangappa, Bachinapalli Village,
Gorantia Mandal, Sri Satya Sai 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 for which date the case stands
posted for hearing.
lA NO: 2 OF 2026
Petition under Section 528 of BNSS is filed 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, pursuant to the FIR. No. 12/2026 dated 01.02.2026
on the file of Gorantia Police Station, Sri Sathya Sai District, pending disposal
of CRLP No. 1044 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 ail 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. 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/-M.Prabhakara Rao, DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The Station House Officer, Gorantia Police Station, Sri Sathya Sai District.
2. Gutta Bala Krishna Chowdary, S/o Chinna Rangappa, Bachinapalli Village, Gorantia Mandal, Sri Satya Sai District, Andhra Pradesh (by RPAD- along with a copy of petition and memorandum of grounds)
3. One CC to SRI. M BALA KRISHNA Advocate [OPUC]
4. Two CCs to Public Prosecutor, High Court of A.P. [OUT]
5. One spare copy.
k HIGH COURT DR.VJP.J DATED:09/02/2026 LIST THE MATTER ON 02.03.2026 NOTICE BEFORE ADMISSION CRLP.No.1044 of 2026 // o /i CJ DIRECTION % i|