The court emphasizes the required procedure for investigation under specific statutes, ensuring fair treatment for the accused in proceedings involving less severe punishments.

ORDER

1. This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita , 2023 (for short ‘ BNS S ’) by the petitioners/accused Nos.1-4 seeking to quash the proceedings against them in Crime No.582 of 2025, on the file of Nagole Police Station, Rachakonda Commissionerate, registered for the offences punishable under Sections 85 , 118(1), read with 3(5) of Bharatiya Nyaya Sanhita (for short ‘ BNS ’) and Sections 3 & 4 of Dowry Prohibition Act .

2. Heard Ms.M.Sahithi Sri Kavya, learned counsel for the petitioners and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent No.1-State.

3. Learned counsel for the petitioners has submitted that a direction be issued to the Police to follow the procedure prescribed under Section 3 5 (3) of Bharatiya Nagarik Suraksha Sanhita , 2023 (for short ‘ BNSS ’).

4. On the other hand, learned Additional Public Prosecutor submitted that the punishment prescribed for the offences alleged against the petitioners is less than seven (07) years and has sought for directions to the Police to proceed with investigation by issuing notice under Section 3 5 (3) of Bharatiya Nagarik Suraksha Sanhita , 2023 (for short ‘ BNSS ’).

5. Perused the record. The allegations pertain to offences under Sections 85 , 118(1), read with 3(5) of Bharatiya Nyaya Sanhita (for short ‘ BNS ’) and Sections 3 & 4 of Dowry Prohibition Act , 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 to appear before the Investigating Officer on or before 29.08.2025 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 3 5 (3) of the BNS S (previously Section 4 1-A of Criminal Procedure Code, 1973) and also the guidelines formulated by the Hon’ble Supreme Court of India in Arnesh Kumar v. State of Bihar , [(2014) 8 SCC 273] scrupulously. However, the petitioners shall submit their defense and co- operate with the Investigating Officer as and when required by furnishing information and produce all relevant documents/material required for the purpose of investigation and the Investigating Officer shall consider the same and complete the investigation strictly in accordance with law.

6. Accordingly the Criminal Petition is disposed of.

7. As a sequel, the miscellaneous petitions pending, if any, shall stand closed.