The Hon’ble Sri Justice J.Sreenivas Rao Criminal Petition No.4148 of 2025

Order:

This Criminal Petition is filed by the petitioners/accused, seeking anticipatory bail under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), in connection with Crime No.35 of 2025 on the file of Station House Officer, Abids Police Station, Hyderabad, registered for the offences punishable under Sections

336(3), 340(2) and 61(2) of Bharatiya Nyaya Sanhita (BNS).

2. The case of prosecution is that on 02.02.2025 one Mohd.Layaq Ali lodged a complaint before the Station House Officer, Abids Police Station, wherein it is stated that the petitioners and others have created fictitious documents by forging his signatures with intent to deceive public servant and causing damage to the public property and to his reputation. Basing on the said complaint, a case in Crime No.35 of 2025 was registered.

3. Heard Mr. Gawhar Saleem Zeeshan, learned counsel, representing Sri Mohammed Adam, learned counsel for the petitioners and Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for respondent/State.

4. During the course of hearing, learned Additional Public Prosecutor submitted that the offences leveled against the petitioners and other accused are punishable with an imprisonment of less than seven years. He further submitted that the Investigating Officer has already issued notices to some of the accused under Section 35(3) of BNSS and the Investigating Officer will follow the very same procedure in respect of the petitioners, if not already issued notices under Section 35(3) of BNSS.

5. In view of the said submission, without going into the merits of the case, this Court deems it appropriate to direct the petitioners to appear before the investigation officer on or before 07.04.2025. On such appearance of the petitioners, the Investigation Officer is directed to scrupulously follow the procedure contemplated under Section 41-A of the Criminal Procedure Code, 1973 (Cr.P.C.)/Section 35(3) of BNSS and the guidelines issued by the Apex Court in Arnesh Kumar Vs. State of Bihar, 1(2014) 8 SCC 273

6. It is made clear that the petitioners/accused shall cooperate with the investigation officer for the investigation and make themselves available to him as and when required and also provide

the information/documents as sought by him to conclude the investigation.

7. If the petitioners/accused fail to cooperate with the Investigation Officer for investigation, the Investigation Officer is at liberty to take action against them in accordance with law.

8. Subject to the above directions, the Criminal Petition is disposed of. No costs.

As a sequel, miscellaneous petitions, pending if any, stand closed.

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J.SREENIVAS RAO, J Date: 28.03.2025 Note: Issue C.C. tomorrow.

B/o pgp