The court emphasized adherence to investigative procedures outlined in the Bharatiya Nagarik Suraksha Sanhita, 2023 regarding offences with less than seven years' punishment.

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 No.1 in Crime No.191 of 2025, on the file of Warasiguda Police Station, Hyderabad, registered for the offences under Section 318(4) BNS, Section 63 of Copy Rights Act and Sections 103 and 104 of Trademarks Act .

2. Heard Sri Khaja Azhar uddin, learned counsel for the petitioner/accused No.1, as well as Sri Jithender Rao Veeramalla, the learned Additional Public Prosecutor appearing for the respondent No.1-State.

3. Learned counsel for the petitioner has restricted his submission stating that a direction be issued to the Police to follow the procedure prescribed under Section 35 (3) of Bharatiya Nagarik Suraksha Sanhita , 2023 (for short ‘ BNSS ’).

4. On the other hand, the learned Additional Public Prosecutor submitted that the punishment prescribed for the offences 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 allegations leveled against the petitioner pertain to the offences under Section 318(4) BNS, Section 63 of Copy rights Act and Sections 103 and 104 of Trademarks Act , 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 No.1 to appear before the Investigating Officer on or before 29.10.2025 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 No.4 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.