IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA

CRIMINAL PETITION No.122 of 2026

DATE OF ORDER:-07.01.2026

Between:

Shaik Althaf,

R/o.Adilabad District.

… Petitioner/Accused No.1

AND

The State of Telangana

rep. by its Public Prosecutor,

High Court for the State of

Telangana at Hyderabad & another.

…Respondents

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.307 of 2025, on the file of Echoda Police Station, Adilabad District, registered for the offences punishable under Sections 294B,

323, 506 IPC and Section 3(1)(r)(s) of SCs/STs (POA) Act.

2. Heard Sri C.Kumar, learned counsel for the petitioner/accused No.1 as well as Sri Jitender Rao Veeramalla, the learned Additional

Public Prosecutor appearing for the respondent No.1-State.

3. Learned counsel for the petitioner has limited his prayer to the extent of seeking a direction 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 Sections 294B, 323, 506 IPC and Section 3(1)(r)(s) of SCs/STs (POA) 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 04.02.2026 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 BNSS, 2023 (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.1 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. In case, the petitioner fails to appear before the Investigating Officer within the stipulated time, the Investigating Officer is at liberty to take necessary steps in accordance with law.

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

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

____________________________ JUSTICE TIRUMALA DEVI EADA Dt.07.01.2026 ysk THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.122 of 2026 Dated:07.01.2026 ysk