THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.15145 of 2025

ORDER

1. This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking the Court to quash the proceedings against the petitioner/accused in Crime No.161 of 2025 on the file of Kadam Police Station, Nirmal District, registered for the offences punishable under Sections 316(2), 316(5) and 318(4) of BNS, 2023 and Section 7 of Essential Commodities Act.

2. Heard Sri Gujjala Madhusudan, learned counsel for the petitioner/accused as well as Sri Jitender Rao Veeramalla, the learned Additional Public Prosecutor appearing for the respondent Nos.1 & 2.

3. Though this petition is filed for quashing the proceedings in the crime, during the course of arguments, learned counsel for the petitioner 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’).

4. On the other hand, learned Additional Public Prosecutor has not disputed the same.

5. As seen from the record, the averments of the petition do not constitute the offence under Section 409 of IPC, which is equivalent to 316(5) of BNS, 2023. In view of the same and since the punishment prescribed for the other offences alleged against the petitioner is less than seven (07) years, this Court deems it appropriate to direct the petitioner/accused to appear before the Investigating Officer on or before 10.12.2025 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 shall submit her 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.

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

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JUSTICE TIRUMALA DEVI EADA Dt.19.11.2025 ysk