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Judgment
Instant Criminal Petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhitha, 2023, has been filed on behalf of the petitioners herein (A1 to A4), seeking to quash the proceedings in FIR in Crime No.203 of 2026, dated 18.09.2026 of Ponnur Town Police Station, Guntur District, for the offences punishable under Section 126(1), 351(2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023.
Learned counsel for the petitioners submits that pursuant to the Order dated 01.10.2026, he has taken notice on respondent No.2 and filed a memo of proof of service to that effect.
Despite service of notice, none represented respondent No.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.
On the other hand, 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 offences alleged are punishable with imprisonment of less than seven years.
Heard. Perused the entire available material on record.
Since the offences alleged in FIR in Crime No.203 of 2026 of Ponnur Town Police Station, Guntur District 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 Satendar Kumar Antil vs. Central Bureau of Investigation and Another2 in FIR in Crime No.203 of 2026 of Ponnur Town Police Station, Guntur District.
If it is noticed in the course of investigation that the petitioners have committed any offence which is punishable with imprisonment beyond seven years, the investigating officer is at liberty to proceed in accordance with law.
Accordingly, this Criminal Petition is disposed of. Interlocutory applications, if any, pending shall stand closed.