IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO CRIMINAL PETITION No.16400 of 2025 Date: 10.12.2025 Between:

NVS Swamy Naidu ...petitioner AND The State of Telangana, Represented by its Public Prosecutor, High Court, Hyderabad.

...respondents

Order

This Criminal Petition is filed seeking to quash the proceedings in FIR No.2276 of 2025 on the file of Madhapur Police Station, Hyderabad, wherein the petitioner was arrayed as accused No.2, for the offences punishable under Sections 316(2), 318(4), r/w. 3(5) of the Bharatiya Nyaya Sanhitha, 2023 (for short ‘BNS’).

2. Heard Smt. N. Sumalatha, learned counsel representing Mr. CMR Velu, learned counsel for the petitioner and Mr. Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent No.1-State.

3. Learned counsel for the petitioner, though raised several grounds, restricted his prayer requesting the Court to direct the Investigating Officer to follow the procedure as contemplated under Section 41-A of the Criminal Procedure Code, 1973 (for short, ‘Cr.P.C.’)/Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’) and also the guidelines formulated by the Apex Court in Arnesh Kumar Vs. State of Bihar, 1(2014) 8 SCC 273

4. Learned Additional Public Prosecutor submitted that the petitioner may be directed to appear before the concerned Police Station, and on such appearance, the Investigation Officer will issue notice under Section 41-A of Cr.P.C./35(3) of BNSS. The Investigating Officer will also follow the procedure as contemplated under law.

5. Taking into consideration the facts and circumstances of the case and the submissions made by the respective parties, without expressing any view on the merits of the case, the petitioner/accused No.2 is directed to appear before the Investigating Officer, on or before 19.12.2025, and on such appearance, the Investigating Officer is entitled to issue notice under Section 41-A of Cr.P.C./Section 35(3)

of BNSS and follow the guidelines issued by the Apex Court in Arnesh Kumar supra.

6. It is made clear that the petitioner is entitled to submit reply/explanation along with the documents, which are available with him, to the Investigating Officer.

7. If the petitioner fails to appear before the Investigating Officer, within the stipulated time, the Investigating Officer is entitled to take action against him in accordance with law.

8. Subject to the above directions, the Criminal Petition is disposed of.

Miscellaneous applications, pending if any, shall stand closed.

_____________________

J.SREENIVAS RAO, J

Date: 10.12.2025

Note: Issue CC in two days

b/o ggd