The court emphasized the requirement for notice under Section 35(3) of BNSS, 2023 and cooperation in investigations when offenses are punishable by imprisonment under seven years.

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.1092 of 2025, on the file of Narsingi Police Station, Cyberabad, against the petitioner-accused No.1.

2. The petitioner is arrayed as accused in Crime No.1092 of 2025, registered for the offence under Section 308 (4), 329(3), 324(4) read with 3(5) of Bharatiya Nyaya Sanhita , 2023 (for short ‘ BNS , 2023’).

3. Heard Mr.Rapolu Bhaskar, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent No.1-State.

4. Learned counsel for the petitioner respectfully submits that although the petitioner is fully committed to cooperate with the investigative process, he is apprehensive of potential coercive action being taken against him. This concern arises from the fact that, despite the alleged offences being punishable with imprisonment for a term less than seven years, the investigating authority has not yet issued any notice under Section 35 (3) of the Bharatiya Nagarik Suraksha Sanhita , 2023 ( BNSS ). It is further submitted that the petitioner have no intention of evading the investigation and he is willing to extend full cooperation to the authorities. In light of these circumstances, learned counsel prays that appropriate directions be issued to the concerned police officials to proceed in accordance with law by issuing a notice under Section 35 (3) of the BNSS , thereby safeguarding the petitioner from any unwarranted coercive measures.

5. Learned Additional Public Prosecutor opposed the petition.

6. I have perused the materials on record.

7. Considering the fact that the alleged offences are punishable with imprisonment for a term less than seven years, and in view of the petitioner’s willingness to participate in the investigative process, the petitioner is hereby directed to appear before the Narsingi Police Station, Cyberabad, within one week from the date of receipt of a copy of this order. Upon such appearance, the Investigating Officer shall issue notice to the petitioner under Section 35 (3) of the BNSS , in connection with Crime No.1092 of 2025, and shall proceed further strictly in accordance with the guidelines laid down by the Hon’ble Supreme Court in Arnesh Kumar v. State of Bihar¹ ,. Simultaneously, (2014) 8 SCC 273 the petitioner is directed to extend full cooperation to the Investigating Officer during the course of the investigation.

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