THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.13685 OF 2025

ORDER:

This Criminal Petition is filed by the petitioners-accused Nos.1 and 2 seeking to quash the proceedings against them in C.C.No.8808 of 2025 on the file of learned XII Additional Chief Judicial Magistrate, Hyderabad, at Nampally, registered for the offences under Sections 115(2) and 351(2) of the Bharatiya Nyaya Sanhita, 2023 (for short, ‘BNS’).

2. Heard Sri K.S.S. Ayyubi, learned counsel for the petitioners and Ms. S. Madhavi, learned Assistant Public Prosecutor for respondent No.1-State.

3. Learned counsel for the petitioners submitted that the police failed to comply with the Rules and Regulations as per the Bharatiya Nagarik Suraksha Sanhita (for short, ‘BNSS’). He further submitted that the petitioners are alleged to have committed the offences under Sections 115(2) and 351(2) of BNS, which are non-cognizable offences. Hence, the police ought to have followed the procedure of referring the informant to the Magistrate and obtaining permission from the Magistrate before taking up the investigation under Section 174 of BNSS, but they failed to do so. He further relied upon a decision of the High Co