THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.14209 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 petitioners/accused Nos.1 & 2 in Crime No.107 of 2025, on the file of Arvapalli Police Station, Suryapet District, registered for the offences punishable under Sections 329(3), 324(4), 115(2) read with 3 (5) of BNS, 2023 and Section 3(1)(r)(s)(c) and 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

2. Heard Sri D.Y.N.L.N.Charyulu, learned counsel for the petitioners/accused Nos.1 & 2 as well as Sri Jitender Rao Veeramalla, the learned Additional Public Prosecutor appearing for the respondent No.1-State.

3. Learned counsel for the petitioners has submitted that the present case is filed just to harass the petitioners and to avoid of payment of amounts to the petitioners herein. He therefore prayed to quash the proceedings against the petitioners.

4. On the other hand, the learned Additional Public Prosecutor has submitted that notice under Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) was already served on the petitioners on 25.10.2025 and they have responded to the said notice . However, learned counsel for the petitioners contents that no such notice was served on the petitioners.

5. A perusal of the instructions submitted by the learned Additional Public Prosecutor discloses that the notice under Section 35(3) of BNSS, 2023 was served upon the petitioners on 25.10.2025. In the facts and circumstances of the case and considering the submissions of both the learned counsel, it is deemed appropriate to dispose of the Criminal Petition by directing the petitioners/accused Nos.1 & 2 to appear before the Investigating Officer on or before 24.11.2025 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, (2014) 8 SCC 273 scrupulously. However, the petitioners/accused Nos.1 & 2 shall submit their 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.

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

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JUSTICE TIRUMALA DEVI EADA Dt.03.11.2025 ysk