THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.5775 OF 2025

O R D E R:

This Criminal Petition is filed under Section 528 of B.N.S.S by the petitioner/accused, to quash the proceedings against him in Crime No.40 of 2025 on the file of the Amrabad Police Station, Nagarkurnool District, registered for the offences under Sections

329(4), 324(2), 118 (1) of BNS.

2. Heard learned counsel for the petitioner and Sri M.Vivekananda Reddy, learned Assistant Public Prosecutor for the respondent – State. Perused the record.

3. Respondent No.2 herein has lodged a complaint against the petitioner herein alleging that the petitioner has injured the respondent No.2 by trespassing into his hotel and attacked him with stones and damaged the furniture, bike etc., and therefore, he lodged a complaint, under sections 329(4), 324(2), 118 (1) of BNS.

4. Initially, the case was registered under Section 118(1) of BNS which is punishable up to three years. But according to the learned Assistant Public Prosecutor when the medical certificate was received, the section was altered to Section 118(2) of BNS.

5. Section 118(1) of BNS reads as follows:

“Section 118(1) of the Bharatiya Nyaya Sanhita (BNS), 2023 deals with voluntarily causing hurt by means of dangerous weapons or instruments. It defines the offense as someone intentionally causing hurt using objects like those for shooting, stabbing, or cutting, or any weapon likely to cause death, fire, heated substances, poisons, corrosive or explosive substances, or harmful substances inhaled, swallowed, or entering the blood, or even by an animal. The punishment for violating this section can be imprisonment up to three years, a fine up to

20,000 rupees, or both.”

6. In the said circumstances, this Court is not inclined to keep the petition pending. Since, prima facie, the allegation appears under Section 118(1) of BNS. Therefore, Police are directed to follow the procedure laid down under Section 35(3) of BNSS and also the guidelines formulated by the Hon’ble Supreme Court in Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273 scrupulously. Needless to say, the

petitioner shall assist the investigation and shall appear before SHO as and when required, for the purpose of investigation. 7. Accordingly, the Criminal Petition is disposed of.

Miscellaneous applications pending, if any, shall stand closed.

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K.SURENDER, J Date:01.05.2025 VSU