HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.11789 of 2025

ORDER

This Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) by the petitioner/accused No.4 seeking to quash notice dated 08.09.2025 under Section 91/160 of the Cr.P.C and Section 94 of the BNSS vide letter No.02/Crime/Addl.SP/CID/RO-Cyb/2025 in Crime No.2 of 2025 on the file of CID Police Station, TG, Hyderabad, for the offences under Sections465, 468, 471, 403, 409, 420, 341 and 506 read with 34 of the IPC of CID.

2. Heard Sri Mir Masood Khan, learned counsel for the petitioner and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent No.1-State.

3. Learned counsel for the petitioner submitted that no person can be compelled to produce evidence against himself. Therefore, a notice under Section 91 of the Cr.P.C. cannot be issued to the petitioner directing him to produce certain documents. He further relied upon the judgement of Apex Court in State of Gjarat v. Shyamalal Mohanlal Choski, (1965)2 SCR 457 and he further relied upon the orders of the co-ordinate Benches of this Court in Crl.P.Nos.10314 of 2022 and 10082 of 2024, where in notice issued under Section 91/160 of Cr.P.C were suspended. Hence, he prayed the Court to quash the proceedings against the petitioner.

4. On the other hand, the learned Additional Public Prosecutor submitted that during the course of trial the law is equally applicable to all, and abetment is established accordingly. However, the petitioner may be directed to co-operate with the investigating agency.

5. Perused the record. It reveals that a notice was served to the petitioner under Sections 91 and 160 of the Cr.P.C., and Section 94 of the BNSS, on 08.09.2025, directing the production of a list of 13 documents for sake of reference:

1. Personal KYC Details i.e., PAN, Aadhar, Pass Port and etc., pertaining to you and your family members who are having bank accounts, 2. Bank Details Accounts details (Personnel/Savings/Demat), 3. All Sources of Income Details, 4. Income Tax Returns Details, 5. Method of Income Requisition, 6. Bank Locker Details,

7. Credit Cards Details, 8. Shares and Investments, 9. Movable and Immovable Properties Details within India and other Countries, 10. Properties acquired and sale, 11. Details of Credits/Loans, 12. Foreign Trips and Investments and

13. Any Civil and Criminal Cases pending.

However, an accused cannot be compelled to produce any material, including documents, which may be used against him, as this would violate the constitutional mandate under Article 22(3) of the Constitution. Hence, the notice issued by the police under Sections 91 and 160 of the Cr.P.C., and Section 94 of the BNSS, dated 08.09.2025, vide Lr.No. 02/Crime/Addl.SP/CID/RO-

Cyb/2025, cannot be sustained and is liable to be set aside.

6. Accordingly, the petition is disposed of with a direction to the investigating agency to complete the investigation strictly in accordance with law. The petitioner is also directed to cooperate with the investigation.

7. As a sequel, the miscellaneous petitions pending, if any, shall stand closed.

____________________________ JUSTICE TIRUMALA DEVI EADA

15.09.2025 gv