ORDER

1. This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘ BNSS ’) seeking to quash the proceedings against the petitioners/accused Nos.1 to 3 in Crime No.261 of 2025 dated 17.08.2025 on the file of Police Station, Nizamabad Rural, Nizamabad District, registered for the offences punishable under Sections 189(2), 191 (2), 333, 329(4), 351(2), 324(4), r/w. 190 of Bharatiya Nyaya Sanhita (for short ‘BNS’), 2023.

2. Heard Sri Kodari Mallikarjun, learned counsel for the petitioners/accused Nos.1 to 3 and Sri Jitender Rao Veeramalla, the learned Additional Public Prosecutor appearing for the respondent No.1-State.

3. Learned counsel for the petitioners submitted that the petitioners herein are students and that the pendency of criminal proceedings would spoil their career. He further submitted that the petitioners are innocent and that they have not resorted to any kind of the acts as alleged by the defacto complainant. It is the defacto complainant who was conducting classes on a Public Holiday i.e., “Sri Krishnashtami”. He further submitted that the students have just questioned the Authority as to why they were conducting classes on Public Holiday and the said complaint is lodged with a malafide intention based on false allegations that they resorted to damage the chairs creating havoc in the premises of the College. He further submitted that two FIR’s were registered on the same day which is not permissible in the eye of law. Thus, the institution of two complaints itself shows the malafide intention of the defacto complainant. Hence prayed to quash the FIR.

4. The learned Additional Public Prosecutor submitted that two FIR’s were registered based on two complaints with regard to two different incidents but they do not pertain to the same incident. He further submitted that one of the incidents occurred in the premises of Alphores Womens College while another occurred in Alphores Junior College and therefore the petition does not need any consideration and hence prayed to dismiss the petition.

5. Perused the record.

6. The record discloses that the complaint is lodged by the Principal of Alphores Junior College, Gayathri Nagar, Nizamabad on 17.08.2025 at about 8.30 PM alleging that at around 1.00 PM on 16.08.2025, the petitioners herein have raised slogans, questioned the defacto complainant with regard to conducting of classes on a Government Holiday on the eve of “Sri Krishnashtami” and further caused damage to the chairs and computer monitor in the chamber of the Principal. Another complaint is lodged by the Vice Principal of Alphores Womens College at Mubarak Nagar Branch, Nizamabad, alleging that on 16.08.2025 at about 12.30 PM, while some hostel students were sitting in the College premises for revision, the students have trespassed into the College and damaged the chairs and further questioned the defacto complainant and also threatened him and staff members with dire consequences. Thus the time of alleged offence and the place of occurrence of the alleged incidents are different and the defacto complainants are different. Therefore, it cannot be held that 2 FIRs are lodged based on the same incident. Hence the prayer of the petitioners lacks merits. The offences alleged against the petitioners are punishable with less than seven years of imprisonment. Hence, this Court deems it appropriate to direct the petitioners/accused Nos.1 to 3 to appear before the Investigating Officer on or before 22.09.2025 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 in Arnesh Kumar v. State of Bihar , [(2014)