THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.13408 of 2025

ORDER

1. This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking to quash the proceedings against the petitioner/accused No.3 in Crime No.1074 of 2025, on the file of L.B.Nagar Police Station, registered for the offences under Sections 318(4), 278 and 125 of BNS.

2. Heard Sri Mohd. Faisuddin, learned counsel for the petitioner/accused No.3, as well as Sri Jithender Rao Veeramalla, the learned Additional Public Prosecutor appearing for the respondent No.1-State.

3. Learned counsel for the petitioner 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 that the punishment prescribed for the offences alleged against the petitioner is less than seven (07) years and has sought for directions to the Police to proceed with investigation by issuing notice under Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’)