The court emphasized that for offences punishable by less than seven years, the Investigating Officer must strictly follow the procedure under Section 41-A Cr.P.C./Section 35(3) BNSS and the guidelines established in Arnesh Kumar Vs. State of Bihar to prevent arbitrary arrests.

ORDER

This Criminal Petition is file d seeking to quash the proceedings in Crime No.271 of 2025 on the file of the Madannapet Police Station, Hyderabad, wherein the petitioner was arrayed as the sole accused for the offences punishable under Sections 329(3) and 324(4) of the Bharatiya Nyaya Sanhita, 2023 (for short, “BNS”).

2. Heard Mr.M.A.Mujeeb, learned counsel for the petitioner and Mr.V.Jithendar Rao, learned Additional Public Prosecutor for respondent No.1.

3. Learned counsel for the petitioner submitted that the petitioner has not committed the alleged offence and has been falsely implicated in the present case. Even according to the allegations made in the complaint, the ingredients of the offences under Sections 329(3) and 324(4) of the BNS are not attracted against the petitioner. He further submitted that the offences levelled against the petitioner are punishable with imprisonment of less than seven years. The Investigating Officer issued a notice under Section 41-A of the Cr.P.C./Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”) to the petitioner on 20.11.2025. Pursuant to the same, the petitioner submitted his explanation along with supporting documents stating that the nature of the allegations is purely civil in nature. Hence, continuation of the proceedings against the petitioner is a clear abuse of the process of law.

4. Per contra, learned Additional Public Prosecutor submitted that the Investigating Officer will follow the procedure contemplated under Section 41-A of the Cr.P.C./Section 35(3) of the BNSS and also the guidelines formulated by the Apex Court in Arnesh Kumar Vs. State of Bihar , 1(2014) 8 SCC 273

5. Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that the offences levelled against the petitioner are punishable with imprisonment of less than seven years. Even according to the parties, the Investigating Officer had already issued notice under Section 41-A of the Cr.P.C./Section 35(3) of the BNSS and the petitioner had submitted reply to the said notice.

6. In view of the same, the Investigating Officer is entitled to follow the procedure contemplated under Section 41-A of the Cr.P.C./Section 35(3) of the BNSS and follow the guidelines issued by the Apex Court in Arnesh Kumar supra and file the final report as expeditiously as possible.

7. Accordingly, the Criminal Petition is disposed of.

Miscellaneous applications, pending if any, shall stand closed.