CRIMINAL PETITION No.12878 OF 2025

ORDER:

This Criminal Petition is filed seeking to quash the proceedings against the petitioner-accused No.2 in Crime No.1123 of 2025 dated 29.07.2025 of Miyapur Police Station, Ranga Reddy District, Telangana, registered for the offences under Sections 420, 406 of Indian Penal Code (New 318(4), 316(2) of BNS) on the file of the learned VIII Additional Judicial Magistrate of First Class, At Kukatpally, Ranga Reddy District, Telangana.

2. Heard Sri Kullapareddy Suresh Babu, learned counsel for the petitioner and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent No.1-State.

3. Though this Criminal Petition is filed for quashing the proceedings in the subject crime, during the course of arguments, learned counsel for the petitioner has sought for directions to the Police to proceed with investigation by issuing notice under Section 35(3) of Bharatiya Nagarik Suraksha Sanhita (BNSS).

4. Learned Additional Public Prosecutor submitted to pass appropriate orders in the Criminal Petition.

5. Perused the record.

6. The offences alleged against the petitioner are under Sections 420, 406 of Indian Penal Code (New 318(4), 316(2) of BNS). Considering the submissions of the learned counsel for the petitioner, this Court deems it appropriate to direct the petitioner to appear before the Investigating Officer concerned on or before 06.11.2025 between 11:00 AM and 5:00 PM, and in turn, the Investigating Officer is directed to follow the procedure laid down under Section 35(3) of BNSS and the guidelines formulated by the Hon’ble Apex Court in Arnesh Kumar v. State of Bihar scrupulously and the petitioner is also directed to co-operate with the Investigating Officer and to furnish the requisite information and documents as and when required by him.

7. Accordingly, the Criminal Petition is disposed of with the above directions.

Miscellaneous Petitions pending, if any, shall stand closed.

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1 (2014) 8 SCC 273

CRIMINAL PETITION No.12878 of 2025