THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.14481 of 2025

ORDER

1. This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking the Court to quash the proceedings against the petitioner/accused in Crime No.64 of 2024, on the file of Urukonda Police Station, Nagarkurnool District, registered for the offences punishable under Sections 420 I.P.C. and 92(a) Rights of Persons with Disabilities Act. 2. Heard Sri V. Yadu Krishna Sainath, learned counsel for the petitioner/accused as well as Sri Jitender Rao Veeramalla, the learned Additional Public Prosecutor appearing for the respondent No.1-State.

3. Learned counsel for the petitioner has 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 has not disputed the same.

5. Considering the submissions of both the learned counsel and the material available on record, it is seen that the allegations alleged against the petitioner are under Sections 420 I.P.C. and 92(a) Rights of Persons with Disabilities Act and the punishment prescribed for the offences alleged against the petitioner is less than seven (07) 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 28.11.2025 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 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.

6. Accordingly, the Criminal Petition is disposed of.

1 (2014) 8 SCC 273

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

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JUSTICE TIRUMALA DEVI EADA Dt.07.11.2025 nit THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.14481 of 2025 Dated:07.11.2025 nit