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’).

5. Perused the record. The allegations leveled against the petitioner pertain to the offences under Sections 318(4), 278 and 125 BNS, which attracts punishment of less than seven years. Hence, without going into the merits of the case, this Court deems it appropriate to direct the petitioner/accused No.3 to appear before the Investigating Officer on or before 29.10.2025 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, (2014) 8 SCC 273 scrupulously. However, the petitioner/accused No.4 shall submit his 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.

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.15.10.2025 ggd