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2025 Supreme(Online)(Tel) 17040
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
TIRUMALA DEVI EADA, J
Petitioner/Accused – Appellant
Versus
State – Respondent
CRIMINAL PETITION No.10357 of 2025
For the Appellants/Petitioners: Mr. Shaik Shareef
For the Respondents: Sri Jithender Rao Veeramalla
The court established the procedure for investigation under Section 35(3) of BNSS in the context of alleged offences with lesser penalties.
Headnote:This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to quash the proceedings in Crime No.635 of 2025. The petitioner requested direction for investigation as prescribed under Section 35(3) of BNSS. The court directed the petitioner to appear before the Investigating Officer without delving into case merits. The proceedings are disposed of with specified directions.
| Table of Content |
|---|
| 1. quashing based on procedural sections. (Para 1) |
| 2. petitioner should comply with police investigation. (Para 2 , 3 , 4) |
| 3. requirement for strict procedural compliance. (Para 5) |
| 4. conclusion of proceedings. (Para 6) |
ORDER
This Criminal Petition is filed under Section 528 Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) by the petitioner/accused seeking to quash the proceedings against him in Crime No.635 of 2025 on the file of Shadnagar Police Station, Cyberabad District, registered for the alleged offences punishable under Sections 316(2), 318(4) and 351(2) of the Bharatiya Nyaya Sanhitha, 2023 (for short ‘BNS’).
2. Heard Mr. Shaik Shareef, learned counsel for the petitioner and Sri 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 35(3) of Bharatiya Nagarik Suraksha Sanhita (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 316(2), 318(4) and 351(2) of BNS 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 30.08.2025 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 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 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.
