THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.14516 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 & 2 in Crime No.931 of 2025, on the file of Raidurgam Police Station, Cyberabad District, registered for the offences punishable under Sections 329(3) and 324(4) of BNS, 2023.

2. Heard Sri G.Santosh Pawan Babu, learned counsel for the petitioners/accused Nos.1 & 2 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 has submitted that petitioner No.2/accused No.2 was already served with notice under Section 35 (3) of Bharatiya Nagarik Suraksha Sanhita, 2023 and therefore requested to pass appropriate orders.

5. Considering the submissions of both the learned counsel and the material available on record, it is seen that the allegations levelled against the petitioners pertain to the offences under Sections 329(3) and 324(4) of BNS, 2023 and the punishment prescribed for the offences alleged against the petitioners is less than seven (07) years. Since it is brought to the notice of this Court that accused No.2 has already been served with notice under Section 35 (3) of BNSS, 2023, hence, without going into the merits of the case, this Court deems it appropriate to direct the petitioners to appear before the Investigating Officer on or before 01.12.2025 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 the BNSS (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 scrupulously. However, the petitioners 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.

1 (2014) 8 SCC 273

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.10.11.2025 ysk THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.14516 of 2025 Dated: 10.11.2025 ysk