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IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA

CRIMINAL PETITION No.17745 of 2025

DATE OF ORDER:- 30.12.2025

Between:

Sudalagunta Madhuri,

W/o.Sudalagunta Venkataramna,

R/o.Mahabubabad District, Telangana.

… Petitioner/Accused No.2

AND

The State of Telangana

rep. by its Public Prosecutor, High Court 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.2 in Crime

No.670 of 2025, on the file of Film Nagar Police Station, Hyderabad,

registered for the offence punishable under Section 316(4) of BNS,

2023.

2. Heard Sri Kondaparthi Srinivasa, learned counsel for the

petitioner/accused No.2 as well as Sri Jitender Rao Veeramalla, the

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Crlp_17745_2025

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’). Learned petitioner’s

counsel has submitted that the petitioner gave birth to a child on

01.11.2025 and she is in postpartum stage. Hence requested the

Court to direct the Police to serve notice under Section 35(3) of

BNSS, 2023 at her residence.

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 under Section 316(4) of BNS, 2023, which

attracts punishment of less than seven years. Hence, without going

into the merits of the case, this Court deems it appropriate to direct

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Crlp_17745_2025

the petitioner/accused No.2 to appear before the Investigating

Officer on or before 27.01.2026 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 serve notice

under Section 35(3) of BNSS, 2023 at her residence and also follow

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. 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.

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Crlp_17745_2025

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

stand closed.

____________________________

JUSTICE TIRUMALA DEVI EADA

Dt.30.12.2025

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ETD, J

Crlp_17745_2025

THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA

CRIMINAL PETITION No.17745 of 2025

Dated:30.12.2025

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