THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITION No. 5987 OF 2025

ORDER

This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS, 2023’) seeking quashment of the proceedings in Crime No.183 of 2025 of Peddapalli Police Station, Ramagundam District, against the petitioners-accused Nos.1 and 3.

2. The petitioners are arrayed as accused Nos.1 and 3 in Crime No.183 of 2025 registered for the offences punishable under Sections 88, 318(2), 318(4) r/w 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS, 2023’), Section 15(3) of Indian Medical Counsel Act, Sec.22 r/w 23 of Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT)

Act, 1994.

3. Heard Mr.Tejaswini Mereddy, learned counsel for the petitioners and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent No.1-State.

4. Learned counsel for the petitioners would submit that though the petitioners are determined to see the process through and the alleged offences are punishable with an imprisonment up to seven years, the Police concerned have not issued any notice under Section 35 (3) of BNSS, 2023, as such, the petitioners are apprehending coercive measures against them. Learned counsel further submits that the petitioners are ready to cooperate with the investigation, hence prayed for necessary directions for issuance of notice as per law.

5. Learned Additional Public Prosecutor opposed the petition.

6. I have perused the materials on record.

7. Having regard to the fact that the alleged offences are punishable with an imprisonment up to seven years and as the petitioners are ready to engage themselves in the process, without going into merits of the matter, the petitioners are directed to appear before the SHO, Peddapalli Police Station, Ramagundam District on or before 05.05.2025, whereupon, the Investigating Officer shall issue notice on the petitioners under Section 35 (3) of BNSS, 2023 in Crime No.183 of 2025 and take up further proceedings as per the guidelines of Arnesh Kumar v. State of Bihar¹ . In unison, the petitioners are directed to cooperate with the investigation.

8. With this direction, this Criminal Petition is disposed of. Pending miscellaneous applications, if any, shall stand closed.

______________ N.TUKARAMJI,J Date:29.04.2025 ccm (2014) 8 SCC 273