THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.15139 of 2025

ORDER

1. This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking the Court to quash the proceedings against the petitioners/accused Nos.1 to 3 in Crime No.204 of 2025, on the file of Soan Police Station, Nirmal District, registered for the offences punishable under Sections 318, 316, 331 of BNS and Section 3(1)(g)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)

Act.

2. Heard Sri G.Madhusudan, learned counsel for the petitioners/accused Nos.1 to 3 as well as Sri Jitender Rao Veeramalla, the learned Additional Public Prosecutor appearing for the respondent No.1-State.

3. Learned counsel for the petitioners 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’).

4. On the other hand, the learned Additional Public Prosecutor submitted to pass appropriate orders.

5. Perused the record. The offences under Sections 318 and 331 of BNS and Section 3(1)(g)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act attracts punishment of less than seven years. But as far as the offence under Section 316 of BNS is concerned, no sub-section is mentioned to the said section. However, the petitioners, who are arrayed as accused Nos.1 to 3, are not public servants. Hence, Section 316(5) of BNS, 2023 does not get attracted in this case. Hence, this Court, without going into the merits of the case, deems it appropriate to direct the petitioners/accused Nos.1 to 3 to appear before the Investigating Officer on or before 10.12.2025 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 petitioners/accused Nos.1 to 3 shall submit their 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.

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.19.11.2025 ysk