THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITION No. 13837 OF 2024

ORDER

This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter ‘BNSS, 2023’) seeking quashment of the proceedings against the petitioner in Crime No. 175 of

2024 of Dharmasagar Police Station, Warangal District.

2. Heard Mr. K. Buchi Babu, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing respondent No.1-State.

3. The petitioner as accused in Crime No. 175 of 2024 facing accusations for the offences punishable under Sections 126(2), 292, 115(2), 309(4) read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 (hereinafter ‘BNS, 2023’).

4. Learned counsel for the petitioner respectfully submitted that although the petitioner is fully committed to cooperate with the investigative process, he is apprehensive of potential coercive action being taken against him. It is further submitted that Section 309(4) of BNS, 2023 would not attract in the circumstances of the case and other offences being punishable with imprisonment below seven years, the petitioner has no intention of evading the investigation and is willing to extend full cooperation to the authorities, learned counsel prays that appropriate directions be issued to the concerned Police officials to proceed in accordance with law by issuing a notice under Section 35(3) of BNSS, 2023, thereby safeguarding the petitioner from any unwarranted coercive measures.

5. Learned Additional Public Prosecutor opposed the petition.

6. I have perused the materials on record.

7. Having regard to the nature of the offences and depth of allegations against the petitioner and except the alleged offence under Section 309(4) of BNS, 2023, rest of the accusations are punishable with an imprisonment of less than seven years and the readiness of the petitioner to cooperate with the investigation, without entering into merits and keeping open all prerogatives in the Investigation, the petitioner is hereby directed to appear before the Station House Officer (SHO), Dharmasagar Police Station, within a week from the date of receipt of a copy of this order. Upon such appearance, the Investigating Officer shall issue notice to the petitioner under Section 35(3) of BNSS, 2023, in connection with in Crime No.175 of 2024, and shall proceed further strictly in accordance with the guidelines laid down by the Hon’ble Supreme Court in Arnesh Kumar v. State of Bihar, [(2014) 8 SCC 273].

Simultaneously, the petitioner is directed to extend full cooperation to the Investigating Officer during the course of the investigation.

8. With this direction, this Criminal Petition is disposed of.

Pending miscellaneous applications, if any, shall stand closed.

_______________ N.TUKARAMJI, J Date: 24.07.2025 svl