THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.14912 of 2025

ORDER:

This Criminal Petition is filed under Section 528 Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) by the petitioner/accused No.2 seeking to call for the records and to quash the FIR.No.54 of 2025 on the file of the Madanapur Police Station, Wanaparthy District, registered for the alleged offences punishable under Sections 316(2), 316(5), 318(2) of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) and Section 7 of Essential Commodities Act, 1955.

2. Heard Sri L. Bhargava Krishna, learned counsel appearing on behalf of the petitioner as well as Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing on behalf of the respondent-State.

3. Without going into the merits of the case, since the punishment prescribed for the offences under Sections 316(2) and 318(2) of the Bharatiya Nyaya Sanhita (BNS) and Section 7 of the Essential Commodities Act, 1955, alleged against the petitioner, is less than seven (07) years, except for the offence punishable under Section 316(5) of the BNS. It is noted from the record that accused No.1 was earlier granted relief vide Crl.P.No.4635 of 2025, wherein the Court directed the Investigating Officer to follow the procedure under Section 35(3) of the BNSS and also held that Section 316(5) of the BNS would not apply to the case. Considering the same, Section 316(5) of the BNS, prima facie, is not applicable to the present case. Accordingly, the petitioner is directed to appear before the Investigating Officer on or before 28.11.2025 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 the BNSS (previously Section 41-A of the Cr.P.C.) and also the guidelines formulated by the Hon’ble Supreme Court in Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273 scrupulously. However, the petitioner shall submit his defense and co-operate with the Investigating Officer as and when required by furnishing information and produce all relevant documents/material required for the purpose of the investigation and the Investigating Officer shall consider the same before filing appropriate report before the learned Magistrate concerned.

4. Accordingly, the Criminal Petition is disposed of. Miscellaneous applications, if any pending, shall also stand closed.

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K. SUJANA, J Date: 14.11.2025 TU/SS THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.14912 of 2025 Date: 14.11.2025 TU/SS