THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.14326 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 5 in Crime No.81 of 2025, on the file of Urkonda Police Station, Nagarkurnool District, registered for the offences punishable under Sections 329(3), 126(2), 352 read with 3(5) of BNS, 2023.

2. Heard Sri Srinivas Emani, learned counsel for the petitioners/accused Nos.1 to 5 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 instructions received from the Sub-Inspector of Police, Urkonda Police Station, Nagarkurnool District, which discloses that no prima facie case is established against accused Nos.4 & 5 and that accused Nos.1 to 3 were responded to the notice issued under Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’).

5. Perused the record. The allegations leveled against the petitioners pertain to the offences under Sections 329(3), 126(2), 352 read with 3(5) of BNS, 2023 which attracts punishment of less than seven years. As seen from the instructions submitted by the learned Additional Public Prosecutor, since no prima facie case is established against accused Nos.4 & 5, the learned petitioners’ counsel has not pressed the relief claimed against accused Nos. 4& 5. However, as accused Nos.1 to 3 were responded to the notice issued under Section 35(3) of BNSs, 2023, the Police are 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, (2014) 8 SCC 273 scrupulously and complete the investigation strictly in accordance with law by considering the explanation along with the relevant material submitted by the petitioners/accused Nos.1 to 3.

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.06.11.2025 ysk THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.14326 of 2025 Dated:06.11.2025 ysk