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2026 Supreme(SC) 133

J. B. PARDIWALA, SATISH CHANDRA SHARMA
Practical Solutions Inc. (Thr. Authorized representative) – Appellant
Versus
State of Telangana – Respondent


Advocates appeared:
For the Petitioner(s): Mr. R. Basant, Sr. Adv. Mr. Kartik Venu, Adv. Mr. Siddhartha Iyer, AOR Mr. R. Jude Rohit, Adv. Mr. Arjan Ajai Singh Chonker, Adv. Mr. Naman Vashishtha, Adv. Mr. Aman Gupta, Adv. Ms. Srishti Ghoshal, Adv. Mr. Tonmoy Talukdar, Adv.

ORDER

1. Permission to file appeal is granted.

2. Leave granted.

3. This appeal arises from the order passed by the High Court of Telangana dated 26.11.2025 in Criminal Petition No. 15489 of 2025 by which the petition filed by the respondent nos.2 and 3, respectively, before us came to be disposed of with a direction to the Investigating Officer to follow the procedure as explained by this Court in its decision in Arnesh Kumar vs. State of Bihar reported in ( 2014) 8 SCC 273.

4. The relevant part of the impugned order reads thus:-

    “5. Perused the record. The allegations leveled against the petitioners pertain to the offences under 316(2), 318 (4) r/w 61(2) of BNS, which attracts punishment of less than seven years. Hence, without going into the merits of the case, this Court deems it appropriate to direct the petitioners/accused Nos. 1 and 2 to appear before the Investigating Officer on or before 17.12.2025 between 11:00 a.m. and 05:00 p.m. and in turn, the Investigating Officer is directed to follow the procedure laid down under Section 35 (3) of the BNSS (previously section 41-A of Criminal Procedure Code, 1973) and also the guidelines formulated by the Hon’ble Supreme Court of India

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