The court emphasized procedural compliance for investigative processes under the Bharat Nagarik Suraksha Sanhita, 2023.

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 petitioner/accused in Crime No.376 of 2025 on the file of Mavala Police Station, Adilabad District, registered for the offence punishable under Section 329 (3) of BNS, 2023.

2. Heard Ms.Chanchal, learned counsel representing Sri P.N.Dayakar, learned counsel on record for the petitioner/accused as well as Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent No.1-State.

3. Learned counsel for the petitioner submitted that the petitioner is facing false allegations that Patta Certificates filed by her are false in nature and that she is ready to abide by law and that she never resorted to any illegal activities. Hence, prayed to quash the proceedings against her.

4. On the other hand, learned Additional Public Prosecutor submitted that the punishment prescribed for the offence alleged against the petitioner is less than seven (07) years and has sought for directions to the Police to proceed with investigation by issuing notice under Section 35 (3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘ BNSS ’).

5. Perused the record. The allegation leveled against the petitioner pertains to the offence under Section 329 (3) of BNS, 2023 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 petitioner/accused to appear before the Investigating Officer on or before 10.09.2025 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) 8 SCC 273] scrupulously. However, the petitioner/accused shall submit his defense and co-operate with the Investigating Officer as and when required by furnishing information and producing 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.