IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.221 of 2026 Date: 08.01.2026 Between:

Begari Rao @ Begari Vijay Vardhan Rao ...Petitioner/accused AND The State of Telangana, Through Public Prosecutor, High Court for the State of Telangana, at Hyderabad and another ...Respondents

ORDER

This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking to quash the proceedings against the petitioner/accused in FIR.No.774 of 2025, on the file of Chevella Police Station, registered for the offence punishable under Section 67b of The Information Technology Act, 2000-2008 (for short ‘IT Act’).

2. Heard Sri Muppu Ravinder Reddy, learned counsel for the petitioner/accused as well as Sri Jithender Rao Veeramalla, the learned Additional Public Prosecutor appearing for the respondent No.1-State.

3. Learned counsel for the petitioner have restricted his submission stating that a direction be issued to the Police to follow the procedure prescribed under Section 35 (3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’).

4. On the other hand, the learned Additional Public Prosecutor submitted that the punishment prescribed for the offences alleged against the petitioners is less than seven (07) years and has sought for directions to the Police to proceed with investigation by issuing notice under Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’).

5. Perused the record. The allegations leveled against the petitioner pertain to the offence under Section 67b of IT Act, which attracts punishment of less than seven years. Hence, without going into the merits of the case, this Court deems it appropriate to direct the petitioner/accused to appear before the Investigating Officer on or before 05.02.2026 between 11:00 a.m. and 05:00 p.m. and in turn, the Investigating Officer is directed to follow the procedure laid down under Section 35 (3) of the BNSS (previously section 41-A of Criminal Procedure Code, 1973) and also the guidelines formulated by the Hon’ble Supreme Court of India in Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273 scrupulously. However, the petitioner/accused shall submit his defense and co-operate with the Investigating Officer as and when required by furnishing information and producing all relevant documents/material required for the purpose of investigation and the Investigating Officer shall consider the same and complete the investigation strictly in accordance with law. In case, the petitioner fails to appear before the Investigating Officer within the stipulated time, the Investigating Officer is at liberty to take necessary steps in accordance with law.

6. Accordingly the Criminal Petition is disposed of.

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

___________________________

JUSTICE TIRUMALA DEVI EADA Dated: 08.01.2026 ggd