IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO CRIMINAL PETITION No.16415 of 2025 Date: 10.12.2025 Between:

Gannapureddy Kavitha and another ...Petitioners AND The State of Telangana, Through P.S.L.B.Nagar High Court for the State of Telangana at Hyderabad and another ...Respondents

Order

This Criminal Petition is filed seeking to quash the proceedings in FIR No.1226 of 2025, on the file of the L.B.Nagar Police Station, Rachakonda District, wherein the petitioners were arrayed as accused Nos.1 and 2, for the offences punishable under Sections 316(2), 318(4) and 115(2) of the Bharatiya Nyaya Sanhitha, 2023 (for short ‘BNS’).

2. Heard Mr.M.Naveen Kumar, learned counsel for the petitioners and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent No.1-State.

3. Though the learned counsel for the petitioner has raised several grounds, he restricted his prayer, requesting the Court to direct the Investigating Officer to follow the procedure as contemplated under Section 41-A of the Criminal Procedure Code, 1973 (for short, ‘Cr.P.C.’)/Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’) and also the guidelines formulated by the Apex Court in Arnesh Kumar Vs. State of Bihar, 1(2014) 8 SCC 273 .

4. Learned Additional Public Prosecutor submitted that whether the petitioners have committed the offences or not has to be revealed after a full-fledged investigation and the allegations leveled against the petitioners are punishable with imprisonment below seven years and

the Investigating Officer will follow the procedure as contemplated under law.

5. Taking into consideration the facts and circumstances of the case and the submissions made by the respective parties and upon perusal of the record, it reveals that the offences leveled against the petitioners are punishable with imprisonment below seven years and the Investigating Officer ought to have followed the procedure by issuing notice under Section 41-A of Cr.P.C/Section 35(3) of BNSS. The Investigating Officer is directed to issue notice under Section 41-A of Cr.P.C./Section 35(3) of BNSS and follow the guidelines issued by the Apex Court in Arnesh Kumar supra.

6. It is made clear that the petitioners are entitled to submit reply/explanation along with the documents, which are available with them, to the Investigating Officer.

7. If the petitioners fail to appear before the Investigating Officer, within the stipulated time, the Investigating Officer is entitled to take action against them in accordance with law.

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

Miscellaneous applications, pending if any, shall stand closed.

______________________ J.SREENIVAS RAO, J

Date: 10.12.2025

Note: Issue CC in two days

b/o pav