THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITION No.5314 OF 2025

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.30 of 2025 of Jukkal Police Station, Kamareddy District against the petitioner.

2. The petitioner is arrayed as accused No.6 in Crime No.30 of 2025 registered for the offences punishable under Sections 318(2), 318(3), 353(2) of BNS and Section 8 of TSPE (Prevention of Malpractices and Unfair Means) Act, 1997.

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3. Heard Mr.K.Venu Madhav, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the 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 alleged offences are punishable with an imprisonment up to seven years, the Police concerned have not issued any notice under Section 35 (3) of BNSS, 2023, 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 35 (3) of BNSS, 2023.

6. I have perused the materials on record.

7. Having regard to the fact that the alleged offences are punishable with an imprisonment up to seven years and as the petitioner/accused No.6 is ready to engage himself in the process, without going into merits of the matter, the petitioner is directed to appear before the SHO, Jukkal Police Station, Kamareddy District on 24.04.2025, whereupon, the Investigating Officer shall issue notice on the petitioner under Section 35 (3) of BNSS, 2023, in Crime No.30 of 2025 and take up further proceedings as per the guidelines of Arnesh Kumar v. State of Bihar scrupulously. The petitioner may submit his explanation, for consideration in the investigation and in concluding the complicity. 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.

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N.TUKARAMJI, J Date: 17.04.2025 KRL

1 (2014) 8 SCC 273

THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITION No.5314 OF 2025 Dated: 17.04.2025 KRL