IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO

CRIMINAL PETITION No.16622 of 2025

Date: 15.12.2025

Between:

Veerabattini Naresh Kumar

...Petitioner

AND

The State of Telangana,

Rep. by its Public Prosecutor,

High Court at Hyderabad and another.

...Respondents

Order

This Criminal Petition is filed seeking to quash the

proceedings in FIR No.2558 of 2025, on the file of the Cyber Crimes Police Station, Cyberabad Police Commissionerate, Telangana State, wherein the petitioner was arrayed as accused No.2, for the offences punishable under Sections 318 (4), 319 (2) of the Bharatiya Nyaya Sanhitha, 2023 and Section 66-D of Information Technology Act,

2000-2008.

2. Heard Mr.G.Venkatesh, learned counsel representing Dr.Challa Srinivas Reddy, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent

No.1-State.

3. Learned counsel for the petitioner submitted that the offences levelled against the petitioner are punishable with an imprisonment of less than seven years. However, the Investigating Officer, without following the procedure contemplated under Section 41-A of Cr.P.C./Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’), as well as the guidelines formulated by the Hon’ble Apex Court in Arnesh Kumar Vs. State of Bihar proceeding with the matter and the same is contrary to law.

4. Learned Additional Public Prosecutor submitted that investigating officer will follow the procedure as contemplated under Section 35 (3) of BNSS as well as the guidelines formulated by the Hon’ble Apex Court in Arnesh Kumar’s case (supra)

5. Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that the offences levelled against the petitioner are punishable with imprisonment of less than seven years. Hence, this Court is of the considered view that the Investigating Officer ought to have followed the procedure contemplated under Section 41-A of the

1 (2014) 8 SCC 273

Cr.P.C./Section 35(3) of the BNSS and also the guidelines formulated by the Apex Court in Arnesh Kumar Vs. State of Bihar, 2(2014) 8 SCC 273 .

6. Taking into consideration the facts and circumstances of the case and the submissions made by the respective parties, without expressing any view on the merits of the case, the petitioner/accused is directed to appear before the Investigating Officer, on or before 23.12.2025, and on such appearance, the Investigating Officer is entitled to issue notice under Section 41-A of the Cr.P.C./Section 35(3) of the BNSS and follow the guidelines issued by the Apex Court in Arnesh Kumar supra.

7. It is made clear that the petitioner is entitled to submit reply/explanation along with the documents, which are available with him, to the Investigating Officer.

8. If the petitioner fails to appear before the Investigating Officer, within the stipulated time, the Investigating Officer is entitled to take action against him in accordance with law.

9. Subject to the above directions, the Criminal Petition is disposed of.

Miscellaneous applications, pending if any, shall stand closed.

_____________________

J.SREENIVAS RAO, J Date: 15.12.2025 Note Issue CC in three days b/o lk