THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.15029 of 2025

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 in Crime No.1240 of 2025, on the file of Rajendranagar Police Station, Cyberabad District, registered for the offences punishable under Sections 324(4) and 329(3) of BNS and Section 3 of Prevention of Damage to Public Property Act.

2. Heard Sri M.Janardhan Rao, learned counsel for the petitioner/accused as well as Sri Jitender Rao Veeramalla, the learned Additional Public Prosecutor appearing for the respondent No.1-State.

3. Learned petitioner’s counsel has submitted that the offences alleged against the petitioner are punishable with less than 7 years of imprisonment and that the petitioner has not committed any such act of encroaching into the Government land and that he was removing the debris from the demolished structure of his own land. However, the offences are punishable with less than 7 years of imprisonment. Hence, he prayed to invoke the procedure contemplated under Section 35(3) of BNSS, 2023.

4. The learned Additional Public Prosecutor has brought it to the notice of this Court through the instructions dated 17.11.2025 obtained by him from the Sub-Inspector of Police, Rajendranagar Police Station, Cyberabad Commissionerate wherein, it is stated that notice under Section 35(3) of BNSS, 2023 was served upon the petitioner on 13.11.2025 and the petitioner responded to the said notice.

5. Hence, without going into the merits of the case, this Court deems it appropriate to direct the petitioner/accused to submit his response to the notice received by him under Section 35(3) of BNSS, 2023 and the Police are directed to consider the same and complete the investigation strictly in accordance with law by following the guidelines formulated by the Hon’ble Supreme Court of India in Arnesh Kumar v. State of Bihar, [(2014) 8 SCC 273] scrupulously.

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.18.11.2025 ysk THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.15029 of 2025 Dated:18.11.2025 ysk