The court emphasized adherence to procedural guidelines in criminal investigations while quashing an appeal.

ORDER

This Criminal Petition is filed under Section 528 Bharatiya Nagarik Suraksha Sanhita , 2023 (for short ‘ BNS S ’) by the petitioners/accused Nos.1 to 3 and 6 seeking to quash the proceedings against them in Crime No.10 of 2025 on the file of Tandur Town Police Station, Vikarabad District, registered for the alleged offences punishable under Sections 137 (2), 329 (4), 115 (2), 352 and 351 (2) r/w. 3 (5) of Bharatiya Nyaya Sanhita , 2023 (for short ‘ BNS ’).

2. Heard Mr.K.Sai Krishna, learned counsel representing Ms.Mandala Supriya, learned counsel for the petitioners and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent No.1-State.

3. Learned counsel for the petitioners submitted that the petitioners are facing false allegations and that the ingredients of the complaint itself do not attract the offences of kidnapping or trespass. Even if the complaint is taken to be true, the petitioners had merely gone to demand the chit amount, and nothing more can be made out from the complaint. Hence, he prayed to quash the proceedings against the petitioners.

4. Learned Additional Public Prosecutor submitted that a notice under Section 3 5 (3) of BNSS has already been served on the petitioners and that they have submitted their response.

5. Thus, in the facts and circumstances of the case and considering the submissions of both counsel, the Criminal Petition is disposed of directing the Investigating Officer to follow the procedure laid down under Section 3 5 (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 petitioners shall submit their 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 complete the investigation strictly in accordance with law.

6. With the above said observations, this Criminal Petition is disposed of.

As a sequel, the miscellaneous petitions pending, if any, shall stand closed.