ORDER

This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS, 2023’) seeking quashment of the proceedings in Crime No.45 of 2025 of P.S.Buggaram, Jagtial District, against the petitioners.

2. The petitioners are arrayed as accused Nos.1 and 2 in Crime No.45 of 2025 registered for the offences punishable under Sections 308 (4), 296 (b), 115 (2) and 351 (2) of Bharatiya Nyaya Sanhita, 2023.

3. Heard Smt.G.Jaya Reddy, learned counsel for the petitioners and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent No.1-State.

4. Learned counsel for the petitioners would submit that notice under Section 35 (3) of BNSS, 2023 was not served on accused No.1. Although the petitioners are determined to see the process through and the alleged offences are punishable with an imprisonment upto seven years, the Police concerned have not issued any notice under Section 35 (3) of BNSS, 2023, as such, the petitioners are apprehending coercive measures against them. He further submits that the petitioners are ready to cooperate with the investigation, hence prayed for necessary directions for issuance of notice as per law.

5. Learned Additional Public Prosecutor submits that petitioner No.1/accused No.1 has already been served with a notice under Section

35 (3) of BNSS, 2023 on 24.04.2025.

6. I have perused the materials on record.

7. Having regard to the fact that the alleged offences are punishable with an imprisonment upto seven years and considering the submission that the notice was not served on accused No.1, the petitioners are directed to appear before the SHO, Buggaram Police Station, by 15.05.2025. Thereupon, the investigating Officer shall issue notice on the petitioner/accused No.2 and if not served, a fresh notice shall be issued to Accused No.1 under Section 35 (3) of BNSS, 2023, in Crime No.45 of 2025 and take up further proceedings as per the guidelines of Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273 scrupulously. The petitioners may submit their explanation, for consideration in the investigation and in concluding the complicity. In unison, petitioners are directed to cooperate with the investigation.

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

Pending miscellaneous applications, if any, shall stand closed.

_______________ N.TUKARAMJI, J Lk

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