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 FIR No.179 of 2025 of Vemulawada Town Police Station, Rajanna Sircilla District, against the petitioner.

2. The petitioner is arrayed as accused No.2 in FIR No.179 of 2025 registered for the offences punishable under Section 318(4) of Bharatiya Nyaya Sanhita, 2023.

3. Heard Mr.Bethi Venkateshwarlu, 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 upto 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 upto seven years and as the petitioner/accused No.2 is ready to engage himself in the process, without going into merits of the matter, the petitioner is directed to appear before the SHO, Vemulawada Town Police Station, Rajanna Sircilla District on 16.04.2025, whereupon, the Investigating Officer shall issue notice on the petitioner under Section 35 (3) of BNSS, 2023, in FIR No.179 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.

_______________ N.TUKARAMJI, J

1 (2014) 8 SCC 273