Adhikari Kalyani vs The State Of Andhra Pradesh on 24 July, 2026

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    Andhra Pradesh High Court – Amravati

    Adhikari Kalyani vs The State Of Andhra Pradesh on 24 July, 2026

    APHC010364652026
                       IN THE HIGH COURT OF ANDHRA PRADESH
                                     AT AMARAVATI                     [3521]
                              (Special Original Jurisdiction)
    
                       FRIDAY, THE 24th DAY OF JULY 2026
    
                                   PRESENT
    
              THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
    
    CRIMINAL PETITION Nos: 5889/2026, 5891/2026, 5892/2026 & 5893/2026
    
    Crl.P.No.5889/2026:
    
    Between:
    
      1. ADHIKARI KALYANI, W/O. ADHIKARI SURESH, AGED ABOUT 41
         YEARS, R/O. PARVATHIPURAM       PARVATHIPURAM MANDAL,
         PARVATHIPURAM MANYAM DISTRICT - 535522
    
                                             ...PETITIONER/ACCUSED No.4
    
                                     AND
    
      1. THE STATE OF ANDHRA PRADESH, Rep. by the Station House
         Officer,Padmanabham Police Station,Visakhapatnam,Rep. by the Public
         Prosecutor,High Court of Andhra Pradesh, Amaravathi
    
                                           ...RESPONDENT/COMPLAINANT
    
    Counsel for the Petitioner/accused:
    
      1. CHERUVU CHAITANYA BHARGAVA SARMA
    
    Counsel for the Respondent/complainant:
    
      1. PUBLIC PROSECUTOR
    
    Crl.P.No.5891/2026:
    
    Between:
    
      1. ADHIKARI DAMAYANTHI, W/O. LATE ANNESWARA RAO,AGED
         ABOUT 62 YEARS, R/O. PARVATHIPURAM,PARVATHIPURAM
         MANDAL,PARVATHIPURAM MANYAM DISTRICT - 535522
    
                                             ...PETITIONER/ACCUSED No.2
                                           2
    
                                     AND
    
      1. THE STATE OF ANDHRA PRADESH, Rep. by the Station House
         Officer,Padmanabham Police Station,Visakhapatnam,Rep. by the Public
         Prosecutor,High Court of Andhra Pradesh, Amaravathi
    
                                              ...RESPONDENT/COMPLAINANT
    
    Counsel for the Petitioner/accused:
    
      1. CHERUVU CHAITANYA BHARGAVA SARMA
    
    Counsel for the Respondent/complainant:
    
      1. PUBLIC PROSECUTOR
    
    Crl.P.No.5892/2026:
    
    Between:
    
      1. ADHIKARI SURESH, S/O. LATE ANNESWAR RAO,AGED ABOUT 40
         YEARS,       R/O.         PARVATHIPURAM,PARVATHIPURAM
         MANDAI,PARVATHIPURAM MANYAM DISTRICT - 535522
    
                                               ...PETITIONER/ACCUSED No.3
    
                                     AND
    
      1. THE STATE OF ANDHRA PRADESH, Rep. by the Station House
         Officer,Padmanabham Poiice Station,Visakhapatnam,Rep. by the Pubiic
         Prosecutor,High Court of Andhra Pradesh, Amaravathi
    
                                              ...RESPONDENT/COMPLAINANT
    
    Counsel for the Petitioner/accused:
    
      1. CHERUVU CHAITANYA BHARGAVA SARMA
    
    Counsel for the Respondent/complainant:
    
      1. PUBLIC PROSECUTOR
    
    Crl.P.No.5893/2026:
    
    Between:
    
      1. ADHIKARI SANTOSH SAGAR, S/O. LATE ANNESWAR RAO,AGED
         ABOUT 40 YEARS, R/O. PARVATHIPURAM,PARVATHIPURAM
                                            3
    
          MANDAL,PARVATHIPURAM MANYAM DISTRICT - 535522
    
                                                 ...PETITIONER/ACCUSED No.1
    
                                         AND
    
         1. THE STATE OF ANDHRA PRADESH, Rep. by the Station House
            Officer,Padmanabham Police Station,Visakhapatnam,Rep. by the Public
            Prosecutor,High Court of Andhra Pradesh, Amaravathi
    
                                               ...RESPONDENT/COMPLAINANT
    
    Counsel for the Petitioner/accused:
    
         1. CHERUVU CHAITANYA BHARGAVA SARMA
    
    Counsel for the Respondent/complainant:
    
         1. PUBLIC PROSECUTOR
    
    The Court made the following:
    COMMON ORDER:

    These four Criminal Petitions are heard together and are being

    disposed of by this common order, as the Petitioners in the four petitions are

    SPONSORED

    different, but the crime registered against them is one and the same.

    2. The Criminal Petitions have been filed under Section 482 of the

    Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by the

    Petitioners/Accused Nos.1 to 4 for granting of pre-arrest bail in connection

    with Crime No.77 of 2026 on the file of Padmanabham Police Station,

    Visakhapatnam Commissionerate, registered for the alleged offences

    punishable under Section 85 of the Bharatiya Nyaya Sanhita, 2023 (for

    brevity, ‘the BNS’) and Section 3 & 4 of the Dowry Prohibition Act, 1961 (for

    brevity, ‘the D.P Act‘).

    2. Heard the learned counsel for the Petitioners and the learned Assistant

    Public Prosecutor. Perused the record.

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    3. The case of the prosecution is that the Petitioners subjected the

    de‑facto complainant to continuous harassment for dowry and additional

    property demands. It is alleged that she was abused, assaulted, and driven

    out of her matrimonial home, deprived of her ornaments and wedding chain. It

    is further alleged that she was threatened, instigated, and mentally harassed,

    even during pregnancy. As seen from the record, the alleged offences levelled

    against the Petitioners/Accused Nos.1 to 4 are punishable with imprisonment

    for less than seven (07) years.

    4. The High Court of Allahabad, in Mukesh Bansal v. State of U.P1 at

    paragraph Nos.48 and 49, held as under:

    “48. Thus assesing the totality of the circumstances, object and the
    allegation of misuse of this piece of legislation in a shape of Section 498A
    IPC, the Court is proposing the safeguards after taking the guidace from
    the judgment of Hon’ble the Apex Court in the case of Social Action Forum
    for Manav Adhikar v. Union of India (Supra) keeping in view the growing
    tendency in the masses to nail the husband and all family members by a
    general and sweeping allegations.

    49. Thus, It is directed that:–

    (i) No arrest or police action to nab the named accused persons shall be
    made after lodging of the FIR or complaints without concluding the
    “Cooling-Period” which is two months from the lodging of the FIR or the
    complaint. During this “Cooling-Period”, the matter would be immediately
    referred to Family Welfare Committe(hereinafter referred to as FWC) in the
    each district.

    (ii) Only those cases which would be transmitted to FWC in which Section
    498-A
    IPC along with, no injury 307 and other sections of the IPC in which
    the imprisonment is less than 10 years.

    (iii) After lodging of the complaint or the FIR, no action should take place
    without concluding the “Cooling-Period” of two months. During this
    “Cooling-Period”, the matter may be referred to Family Welfare Committee
    in each districts.

    (iv) Every district shall have at least one or more FWC (depending upon the
    geographical size and population of that district constituted under the
    District Legal Aid Services Authority) comprising of at least THREE
    MEMBERS. Its constitution and function shall be reviewed periodically by
    the District & Sessions Judge/Principal Judge, Family Court of that District,
    who shall be the Chairperson or Co-chairperson of that district at Legal
    Service Authority.

    (v) The said FWC shall comprise of the following members:–

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    2022 SCC OnLine All 395
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    (a) a young mediator from the Mediation Centre of the district or young
    advocate having the practices up to five years or senior most student of Vth
    year, Government Law College or the State University or N.L.Us. having
    good academic track record and who is public spirited young man, OR;

    (b) well acclaimed and recognized social worker of that district having clean
    antecedant, OR;

    (c) retired judicial officers residing in or nearby district, who can devote time
    for the object of the proceeding OR;

    (d) educated wives of senior judicial or administrative officers of the district.

    (vi) The member of the FWC shall never be called as a witness.

    (vii) Every complaint or application under Section 498A IPC and other allied
    sections mentioned above, be immediately referred to Family Welfare
    Committee by the concerned Magistrate. After receiving the said complaint
    or FIR, the Committee shall summon the contesting parties along with their
    four senior elderly persons to have personal interaction and would try to
    settle down the issue/misgivings between them within a period of two
    months from its lodging.

    The contesting parties are obliged to appear before the Committee with
    their four elderly persons (maximum) to have a serious deliberation
    between them with the aid of members of the Committee.

    (viii) The Committee after having proper deliberations, would prepare a
    vivid report and would refer to the concerned Magistrate/police authorties to
    whom such complaints are being lodged after expiry of two months by
    inserting all factual aspects and their opinion in the matter.

    (ix) Continue deliberation before the Committee, the police officers shall
    themselves to avoid any arrest or any coercive action pursuant to the
    applications or complaint against the named accused persons. However,
    the Investigating Officer shall continue to have a peripheral investigation
    into the matter namely preparing a medical report, injury report, the
    statements of witnesses.

    (x) The said report given by the Committee shall be under the consideration
    of I.O. or the Magistrate on its own merit and thereafter suitable action
    should be taken by them as per the provision of Code of Criminal
    Procedure
    after expiry of the “Cooling-Period” of two months.

    (xi) Legal Services Aid Committee shall impart such basic training as may
    be considered necessary to the members of Family Welfare Committee
    from time to time(not more than one week).

    (xii) Since, this is noble work to cure abrasions in the society where tempos
    of the contesting parties are very high that they would melow down the heat
    between them and try to resolve the misgivings and misunderstanding
    between them. Since, this is a job for public at large, social work, they are
    acting on a pro bono basis or basic minimum honorarium as fixed by the
    District & Sessions Judge of every district.

    (xiii) The investigation of such FIRs or complaint containing Section 498A
    IPC and other allied sections as mentioned above, shall be investigated by
    dynamic Investigating Officers whose integrity is certified after specialized
    training not less than one week to handle and investigate such matrimonal
    cases with utmost sincerity and transparency.

    (xiv) When settlement is reached between the parties, it would be open for
    the District & Sessions Judge and other senior judicial officers nominated
    by him in the district to dispose of the proceedings including closing of the
    criminal case.”

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    5. The Hon’ble Apex Court in Shivangi Bansal v. Sahib Bansal 2 , at

    paragraph No.26 held as under:

    “26. The transfer petitions and special leave petitions are disposed of in
    terms of the above order. The guidelines framed by the High Court of
    Allahabad in the impugned judgment dated 13.06.2022 in Criminal Revision
    No. 1126 of 2022 vide paras 32 to 38, with regard to ‘Constitution of Family
    Welfare Committees for safeguards regarding misuse of
    Section 498A, IPC shall remain in effect and be implemented by the
    appropriate authorities.”

    6. The Hon’ble Supreme Court, in Satender Kumar Antil v. Central

    Bureau of Investigation3, wherein at paragraph No.33, it is held as under:

    33. On the basis of the interpretation given by us, we conclude as
    follows:

    a. An arrest by a police officer is a mere statutory discretion which
    facilitates him to conduct proper investigation, in the form of
    collection of evidence and, therefore, shall not be termed as
    mandatory.

    b. Consequently, the police officer shall ask himself the question
    as to whether an arrest is a necessity or not, before undertaking
    the said exercise.

    c. For effecting an arrest, qua an offence punishable with
    imprisonment up to 7 years, the mandate of Section 35(1)(b)(i) of
    the BNSS, 2023 along with any one of the conditions mentioned in
    Section 35(1)(b)(ii) of the BNSS, 2023 must be in existence.
    d. A notice under Section 35(3) of the BNSS,2023 to an accused
    or any individual concerned, qua offences punishable with
    imprisonment up to 7 years, is the rule.

    e. Even if the circumstances warranting an arrest of a person are
    available in terms of the conditions mentioned under Section
    35(1)(b) of the BNSS, 2023, the arrest shall not be undertaken,
    unless it absolutely warranted.

    f. Power of arrest under Section 35(6) read with Section 35(1)(b)
    of the BNSS, 2023, pursuant to a notice issued under Section
    35(3) of the BNSS, 2023 is not a matter of routine, but an
    exception, and the police officer is expected to be circumspect and
    slow in exercising the said power.

    7. In this regard, it is also apposite to mention the Hon’ble Apex

    Court in Arnesh Kumar v. State of Bihar 4, wherein a detailed guidelines

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    2025 SCC OnLine SC 1494
    3
    Special Leave Petition (Crl.) No.5191 of 2021, dated 15.01.2026
    4(2014) 8 SCC 273
    7

    were issued at Para Nos.11 and 12, for arresting a person, which are being

    reproduced herein below:-

    11.Our endeavor in this judgment is to ensure that police officers do
    not arrest accused unnecessarily and Magistrate do not authorize
    detention casually and mechanically. In order to ensure what we have
    observed above, we give the following direction:

    a).All the State Governments to instruct its police officers not to
    automatically arrest when a case under Section 498-A of the IPC is
    registered but to satisfy themselves about the necessity for arrest
    under the parameters laid down above flowing from Section 41 Code
    of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.’);

    b)All police officers be provided with a check list containing specified
    sub- clauses under Section 41(1)(b)(ii);

    c) The police officer shall forward the check list duly filed and furnish
    the reasons and materials which necessitated the arrest, while
    forwarding/producing the accused before the Magistrate for further
    detention;

    d) The Magistrate while authorizing detention of the accused shall
    peruse the report furnished by the police officer in terms aforesaid
    and only after recording its satisfaction, the Magistrate will authorize
    detention;

    e) The decision not to arrest an accused, be forwarded to the
    Magistrate within two weeks from the date of the institution of the
    case with a copy to the Magistrate which may be extended by the
    Superintendent of police of the district for the reasons to be recorded
    in writing;

    f) Notice of appearance in terms of Section 41-A of Cr.P.C be served
    on the accused within two weeks from the date of institution of the
    case, which may be extended by the Superintendent of Police of the
    District for the reasons to be recorded in writing;

    g) Failure to comply with the directions aforesaid shall apart from
    rendering the police officers concerned liable for departmental action,
    he shall also be liable to be punished for contempt of court to be
    instituted before High Court having territorial jurisdiction.

    h) Authorizing detention without recording reasons as aforesaid by
    the judicial Magistrate concerned shall be liable for departmental
    action by the appropriate High Court.

    12.We hasten to add that the directions aforesaid shall not only apply
    to the cases under Section 498-A of the I.P.C. or Section 4 of the
    Dowry Prohibition Act, the case in hand, but also such cases where
    offence is punishable with imprisonment for a term which may be less
    than seven years or which may extend to seven years; whether with
    or without fine.

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    8. The similar view is also reiterated by the Hon’ble Apex Court in

    Md.Asfak Alam v. the State of Jharkhand 5 , which also reiterated the

    guidelines laid down in the case of Arnesh Kumar.

    9. In the light of the law laid down in the case of Satender Kumar Antil,

    Arnesh Kumar and Md.Asfak Alam, the Investigating Officer is under legal

    obligation to proceed in accordance with law, but he shall follow the procedure

    prescribed under Sections 41 and 41(A) of ‘the Cr.P.C.,’ (now Sections 35 and

    35(3) of ‘the B.N.S.S.,’ 2023). The Petitioners are obliged to render their fullest

    cooperation in the ongoing investigation.

    10. In the result, the Criminal Petitions are disposed of directing the

    Investigating Officer to comply with Section 35(3) of ‘the BNSS’/41-A of ‘the

    Cr.P.C.,’ and to strictly follow the directions issued in the cases of Satender

    Kumar Antil, Arnesh Kumar and MD. Asfak Alam.

    As a sequel, Miscellaneous petitions, if any pending, shall stand closed.

    _________________________
    DR. Y. LAKSHMANA RAO, J
    Date: 24.07.2026
    PRA

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    (2023) 8 SCC 632
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    THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO

    CRIMINAL PETITION Nos:5889, 5891, 5892 & 5893 of 2026

    Date: 24.07.2026

    PRA



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