THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.12173 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 petitioners/accused Nos.3 & 4 in Crime No.116 of 2025, on the file of Bazarhatnoor Police Station, Adilabad District, registered for the offence punishable under Section 118(1) read with 3(5) of BNS, 2023.

2. Heard Mr.N.Avaneesh, learned counsel for the petitioners/accused Nos.3 & 4 as well as Mrs.Shalini Saxena, the learned Assistant Public Prosecutor appearing for the respondent No.1-State.

3. Learned counsel for the petitioners has restricted his submissions 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, learned Assistant Public Prosecutor submitted that the punishment prescribed for the offences alleged against the petitioners 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 petitioners pertain to the offence under Section 118(1) read with 3(5) of BNS, 2023, 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 petitioners/accused Nos.3 & 4 to appear before the Investigating Officer on or before 06.10.2025 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 petitioners/accused Nos.3 & 4 shall submit their 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.18.09.2025 ysk