ORDER:

This Criminal Petition is filed under Section 528 of BNSS by the petitioners/accused Nos.4 and 5, seeking to quash the proceedings against them in Cr.No.238 of 2025 on the file of Station House Officer, XIV Additional Metropolitan Magistrate, Kukatpally, Cyberabad, registered for the offences punishable under Sections 85, 351(2) of BNS.

2. Heard learned counsel representing petitioners and Mr.E.Ganesh, learned Assistant Public Prosecutor appearing for the State. Perused the record.

3. Though this petition is filed for quashing the proceedings in the crime, during the course of arguments, learned counsel for petitioners has sought for directions to the Police to proceed with investigation by issuing notice under Section 35(3) of Bharatiya Nagarik Suraksha Sanhita (BNSS) (Previously Section 41-A of Cr.P.C.).

4. In view of the above, without going into merits of the case, this Criminal Petition is disposed of directing the Police concerned to proceed with the investigation in the above crime after issuing notice under Section 35(3) of BNSS (Previously Section 41-A of Cr.P.C.) to the petitioners/accused Nos.4 and 5 and they shall also follow the guidelines of Hon’ble Supreme Court in Arnesh Kumar v. State of Bihar and another, (2014) 8 SCC 273. The petitioners/accused Nos.4 and 5 are directed to co-operate with the investigating officer by filing reply/explanation to the notice under Section 35(3) of BNSS and to produce any relevant documents/material papers in defence if any in concluding the investigation. Further, the Investigating Officer is directed to conduct and conclude the investigation as expeditiously as possible, preferably within a period of three (3) months from today in accordance with law.

Miscellaneous petitions pending, if any, shall stand closed.

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E.V. VENUGOPAL, J