HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.14178 of 2025

ORDER

This Criminal Petition is filed under Section 528 Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) by the petitioner/accused No.1 seeking to quash the proceedings against him in Crime No.256 of 2025 on the file of Abids Police Station, Hyderabad District, registered for the alleged offences punishable under Sections 316 (2), 318 (4) and 49 of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’).

2. Heard Mr.L.Ram Singh, learned counsel for the petitioner and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent No.1-State.

3. Learned counsel for the petitioner submitted that the petitioner is facing false allegations in respect of the aforesaid offences. A notice under Section 35(3) of the BNSS has been served by the Police, and the petitioner has already furnished his reply. Despite this, the Police have been harassing the petitioner by repeatedly summoning him to the Police Station and threatening that he would be arrested. He, therefore, prayed to quash the proceedings against the petitioner.

4. Learned Additional Public Prosecutor submitted that once a notice under Section 35(3) of the BNSS is served and the petitioner has furnished his reply, in case of any violation or dissatisfaction, the Police must approach the concerned Magistrate under Section 35(6) of the BNSS. However, the Police would not harass the petitioner without any reason, and they cannot arrest the petitioner without complying with the said provision. He, therefore, submitted that the reasons stated by the petitioner cannot be a ground to quash the proceedings.

5. Perused the record.

6. The petitioner herein is facing allegations under Sections 316(2), 318(4), and 49 of BNS. A notice under Section 35(3) of the BNSS has already been served, and the petitioner has submitted his reply. As rightly submitted by the learned Additional Public Prosecutor, in case of any violation of the conditions, the Police are required to approach the concerned Magistrate under Section 35(6) of the BNSS.

7. Considering the submissions made by the learned counsel for the petitioner, this Court deems it appropriate to direct the the Investigating Officer 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, (2014) 8 SCC 273 scrupulously. However, the petitioner shall submit his defense and co-operate with the Investigating Officer as and when required by furnishing information and produce all relevant documents/material required for the purpose of the investigation and the Investigating Officer shall consider the same and complete the investigation strictly in accordance with law.

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

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JUSTICE TIRUMALA DEVI EADA

03.11.2025 lk