The judgment reinforces the duty of law enforcement to issue statutory notices while ensuring the cooperation of accused persons in ongoing investigations.

ORDER

This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘ BNSS , 2023’) seeking quashment of the proceedings in Crime No.941 of 2025 of Cyber Crimes Police Station, Cyberabad District, against the petitioner.

2. The petitioner is arrayed as accused No.3 in Crime No.941 of 2025 registered for the offences under Sections 318(4) 319(2), 336(3), 338 and 340(2) of the Bharatiya Nyaya Sanhitha, 2023 (for short ‘BNS, 2023’) and Section 66-D of the Information Technology Act, 2000-2008 .

3. Heard Mr.Boosa Shivachandra, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for respondent No.1.

4. Learned counsel for the petitioner respectfully submits that although the petitioner is fully committed to cooperate with the investigative process, she is apprehensive of potential coercive action being taken against her. This concern arises from the fact that, despite the alleged offence being punishable with imprisonment for a term less than seven years, the investigating authority has not yet issued any notice under Section 35 (3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 ( BNSS ). It is further submitted that the petitioner has no intention of evading the investigation and she is willing to extend full cooperation to the authorities. In light of these circumstances, learned counsel prays that appropriate directions be issued to the concerned police officials to proceed in accordance with law by issuing a notice under Section 35 (3) of the BNSS , thereby safeguarding the petitioner from any unwarranted coercive measures.

5. Learned Additional Public Prosecutor submits that petitioner- accused No.3 is absconding and the other accused were produced before the Magistrate concerned for remand.

6. I have perused the materials on record.