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2025 Supreme(Online)(Tel) 16617
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
TIRUMALA DEVI EADA, J
Petitioner/Accused No.1 – Appellant
Versus
State – Respondent
CRIMINAL PETITION No.10610 of 2025
For the Appellants/Petitioners: Mr.CH.Janardhan Reddy
For the Respondents: Mr.Jithender Rao Veeramalla
The petitioner is directed to cooperate with the investigation in accordance with legal provisions.
Headnote:This Criminal Petition filed under Section 528 BNSS seeks to quash proceedings under Sections 318, 115, and 351 of BNS. The court directed the petitioner to appear before the Investigating Officer while ensuring adherence to procedural guidelines. The petition was disposed of with specified instructions. Criminal Petition No.10610 of 2025 is accordingly disposed of.
| Table of Content |
|---|
| 1. petition filed under bnss for quashing proceedings. (Para 1) |
| 2. arguments for investigation compliance raised by counsel. (Para 2 , 3 , 4) |
| 3. court directed adherence to statutory procedures. (Para 5) |
| 4. the petition was disposed of with further instructions. (Para 6) |
ORDER
This Criminal Petition is filed under Section 528 Bharatiya Nagarik Suraksha Sanhita , 2023 (for short ‘ BNS S ’) by the petitioner/accused No.1 seeking to quash the proceedings against him in Crime No.143 of 2025 on the file of Nizamabad IV- Town Police Station, Nizamabad District, registered for the alleged offences punishable under Sections 3 18 (4), 115 (2) and 351 (2) r/w. 3 (5) of Bharatiya Nyaya Sanhita , 2023 (for short ‘ BNS ’).
2. Heard Mr.CH.Janardhan Reddy, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent No.1-State.
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 3 18 (4), 115 (2) and 351 (2) r/w. 3 (5) of BNS and the punishment prescribed for the said offences alleged against the petitioners 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 09.09.2025 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 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.
