IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO CRIMINAL PETITION No.16170 of 2025 Date: 08.12.2025 Between:

Alabadri Lingaiah and eight others ...Petitioners AND The State of Telangana, Represented by the Public Prosecutor, High Court of Telangana, at Hyderabad and another ...Respondents

Order

This Criminal Petition is filed seeking to quash the proceedings in FIR No.434 of 2025, on the file of the Khammam III- Town Police Station, Khammam District, wherein the petitioners were arrayed as accused Nos.1 to 9, for the offences punishable under Sections 318 (4) and 316 (2) r/w. 3 (5) of the Bharatiya Nyaya Sanhitha, 2023 (for short ‘BNS’).

2. Heard Mr.Chatla Madhu, learned counsel for the petitioners and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent No.1-State.

3. Learned counsel for the petitioners submits that offences levelled against the petitioners are punishable with an imprisonment of less than seven years. However, the Investigating Officer, without following the procedure contemplated under Section 41-A of Cr.P.C./Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’), as well as the guidelines formulated by the Hon’ble Apex Court in Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 273 proceeding with the matter and the same is contrary to law.

4. Learned Additional Public Prosecutor submitted that investigating officer will follow the procedure as contemplated under Section 35 (3) of BNSS as well as the guidelines formulated by the Hon’ble Apex Court in Arnesh Kumar’s case (supra)

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 petitioners is punishable with an imprisonment of less than seven years. Hence, this Court is of the considered view that the Investigating Officer ought to have followed the procedure as contemplated under Section 41-A of the Cr.P.C./Section 35(3) of the BNSS, and the guidelines formulated by the Hon’ble Apex Court in Arnesh Kumar’s case supra.

6. In view of the same, the Investigating Officer is directed to issue notice under Section 41-A of Cr.P.C./Section 35(3) of BNSS and follow the guidelines issued by the Hon’ble Apex Court in Arnesh Kumar’s case supra and the petitioners are directed to cooperate with the investigation.

7. It is made clear that, if the petitioners/accused Nos.1 to 9 fails to cooperate with the Investigating Officer for investigation, the Investigating 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.

Miscellaneous applications, pending if any, shall stand closed.

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J.SREENIVAS RAO, J Date: 08.12.2025 Note: Issue CC in three days b/o lk