O R D E R:

This Criminal Petition is filed under Section 528 of B.N.S.S by the petitioners/accused Nos.1 and 2, to quash the proceedings against them in Crime No.235 of 2024 on the file of Police Station, Mahabubabad Rural. The offences alleged against them are under Sections 292, 118 (1) r/w. Section 3(5) 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 lodged complaint against the petitioners herein alleging that petitioners have injured the respondent No.2 by throwing stones on her and therefore lodged complaint under sections 292, 118 (1) r/w. Section 3(5) of BNS.

4. Initially 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 off.

Miscellaneous applications pending, if any, shall stand closed.

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K.SURENDER, J

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