THE HON’BLE SRI JUSTICE J SREENIVAS RAO CRIMINAL PETITION No.7339 of 2023

ORDER:

This criminal petition is filed seeking quash of the proceedings in F.I.R. No.187 of 2023, dated 23.05.2023 on the file of Chaderghat Police Station, Hyderabad, wherein the petitioner was arrayed as accused No.1 for the offences punishable under Sections 447 and 427 of Indian Penal Code. 2. Heard Sri Suresh Shiv Sagar, learned counsel for the petitioner through video conference and Sri M. Vivekanand Reddy, learned Assistant Public Prosecutor.

3. Learned counsel for the petitioner though sought quash of F.I.R. No.187 of 2023, dated 23.05.2023, confined his prayer to direct the investigating officer to follow the procedure contemplated under the provisions of Section 41A of the Code of Criminal Procedure (Cr.P.C) or Section 35 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 and also the guidelines formulated by the Hon’ble Supreme Court in Arnesh Kumar v. State of Bihar, (2014) 9 SCC 273^, on the ground that

offences alleged against the petitioner are below seven (7)

years.

4. Sri M. Vivekanand Reddy, learned Assistant Public Prosecutor has not opposed the above said submission. He submitted that during the pendency of the criminal petition F.I.R. No.187 of 2023, dated 23.05.2023, was transferred from Chaderghat to Dabeerpura Police Station on the ground of jurisdiction and the same is pending.

5. In view of the above said submission, without expressing any view on the merits of the case, investigating officer concerned is directed to follow the procedure laid down under Section 41A of the Code of Criminal Procedure (Cr.P.C) or Section 35 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 and also the guidelines formulated by the Hon’ble Supreme Court in Arnesh Kumar v. State of Bihar, scrupulously. However, the petitioner/accused No.1 shall cooperate with the investigating officer as and when required and provide the information and documents sought by him to conclude the investigation. If the petitioner/accused No.1 is not cooperating with the investigation, the investigating officer is at liberty to take action, in accordance with law.

6. With the above directions the criminal petition is disposed of.

Miscellaneous applications pending, if any, shall stand closed.

_____________________________ JUSTICE J SREENIVAS RAO

09th October, 2025 PSW