The court emphasizes adherence to procedural norms in ongoing investigations while dismissing a quashment petition.

ORDER:

This petition is filed seeking quashment of the Crime No.186 of 2025 on the file of Nagarkurnool Police Station, Nagarkurnool District, against the petitioner/accused.

2. Heard Mr.K.Karuna Sagar, learned counsel for petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent No.1-State.

3. Learned counsel for the petitioner has submitted that petitioner is a bona fide purchaser and that he has ad-interim injunction orders against respondent No.2. However, the Police have again registered a case against him at the instance of respondent No.2. Hence, prayed to quash the proceedings against the petitioner.

4. Learned Additional Public Prosecutor opposed the petition, submitting that cases and counter cases have been registered against each other between the de facto complainant and the petitioner herein, and that the matter requires thorough investigation.

5. Perused the record. The allegations pertain to offences under Section 329 (3) of Bharatiya Nyaya Sanhita, 2023 (for short ‘ BNS ) i.e., criminal trespass, which attracts punishment of less than seven years. Admittedly, two FIRs have been registered against each other between the de facto complainant and the petitioner herein, requiring the police to conduct further investigation. The investigation is still in progress. Hence, this Court is not inclined to interfere with the same.

6. Taking into consideration the submissions made by the respective parties and 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 25.08.2025 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 complete the investigation strictly in accordance with law.

7. Accordingly, this Criminal Petition is disposed of.