ORDER:

This petition is filed under Section 482 of Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) seeking quashment of the proceedings in Crime No.298 of 2024 of PS Raghnathapalli, Warangal District, against the petitioner/accused.

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2. Heard Mr.C.Hari Preeth, learned counsel for petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent No.1-State.

3. The petitioner is arrayed as accused in Crime No.298 of 2024 for the offences under Sections 296 (b) and 115 (2) of Bharatiya Nyaya Sanhita, 2023.

4. Brief facts of the case are that the petitioner/accused allegedly abused the de facto complainant with offensive language and beat with hands over his ear, causing a bleeding injury.

5. Having considered the factual position, wherein the concerned Investigating Agency placed the matter before the Magistrate under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS, 2023’), and after the relevant section of law was altered, the Magistrate issued an Official Memorandum, directing the Station House Officer (SI of Police), PS Raghunathapalli, to arrest the accused for non-compliance of procedure under Section 35(3) of BNSS, 2023. The petitioner herein is directed to surrender before the concerned Magistrate by 09.05.2025, whereupon file an appropriate application seeking bail and the Magistrate is instructed to consider the bail application at the earliest, preferably on the same day it is filed.

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

Miscellaneous petitions, pending if any, shall stand closed.

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