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.86 of 2020 of P.S. Medipally, Rachakonda, Medchal-Malkajgiri District, against the petitioner.

2. The petitioner is arrayed as accused No.1 in Crime No.86 of 2020 registered for the offences punishable under Sections 167, 217, 218, 406, 409, 420 read with 34 of Indian Penal Code, 1860 (IPC, 1860).

3. Heard Sri Chandrasekhar Reddy, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for respondent No.1-State.

4. Learned counsel for the petitioner would submit that though the petitioner is determined to see the process through and the Police concerned have not issued any notice under Section 41-A of the Code of Criminal Procedure, 1973 (for short Cr.P.C.), as such, the petitioner is apprehending coercive measures against him. He further submits that the petitioner is 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 the Police concerned are ready to issue notice under Section 41-A of Cr.P.C.

6. I have perused the materials on record.

7. Considering the fact that the petitioner’s official presence can be secured for investigation and also the undertaking of the petitioner to assist the investigation, though Section 409 of IPC is invoked, prolonging the investigation is not necessary, therefore, the petitioner is directed to appear before the SHO, Medipally Police Station, on 30.04.2025, whereupon, the Investigating Officer shall issue notice on the petitioner under Section 41-A of Cr.P.C., in Crime No.86 of 2020 and take up further proceedings as per the guidelines of Arnesh Kumar v. State of Bihar scrupulously. The petitioner may submit his explanation, whereupon the investigating agency, considering the materials, will continue the investigation and determine the complicity of the parties. In unison, petitioner is 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

1 (2014) 8 SCC 273