The court has the discretion to direct a petitioner to cooperate in investigations under appropriate statutory provisions when alleged offences carry sentences of less than seven years.

ORDER

This Criminal Petition is filed under Section 528 Bharatiya Nagarik Suraksha Sanhita , 2023 (for short ‘ BNS S ’) by the petitioner/accused seeking to quash the proceedings against him in Crime No.1167 of 2025 on the file of KPHB Colony Police Station, Cyberabad District, registered for the alleged offences punishable under Sections 223 and 324 (4) of Bharatiya Nyaya Sanhita , 2023 (for short ‘ BNS ’) and Section 3 of The Prevention Of Damage To Public Property Act , 1984 (for short ‘PDPPA’)

2. Heard Dr.Kaval Kumar, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent No.1.

3. Though this petition is filed for quashing the proceedings in the crime, during the course of arguments, learned counsel for petitioner has sought for directions to the Police to proceed with investigation by issuing notice under Section 3 5 (3) of BNSS (Previously Section 41-A of Cr.P.C.).

4. Learned Additional Public Prosecutor has not disputed the same.

5. Considering the submissions of both the counsel and on perusal of the material available on record, it is seen that the allegations are under Sections 223 and 324 (4) of BNS and Section 3 of PDPPA and the punishment prescribed for the said offences alleged against the petitioner is less than seven (07) years. Hence, without going into the merits of the case, this Court deems it appropriate to direct the petitioner to appear before the Investigating Officer on or before 23.10.2025 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 41-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 petitioner shall submit his 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 the investigation and the Investigating Officer shall consider the same and shall complete the investigation strictly in accordance with law.

6. With the above said observations, this Criminal Petition is disposed of.

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