HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.12473 of 2025

ORDER

This Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) by the petitioner/accused seeking to quash the proceedings against him in Crime No.962 of 2025 on the file of Chandanagar Police Station, Cyberabad, registered for the alleged offences punishable under Sections 316(4) and 314 of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’).

2. Heard Sri Anirudh sadhu, learned counsel for the petitioner and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent No.1-State.

3. Though this petition is filed for quashing the proceedings in the crime, during the course of arguments, learned counsel for petitioner has sought for directions to the Police to proceed with investigation by issuing notice under Section 35(3) of Bharatiya Nagarik Suraksha Sanhita (BNSS) (Previously Section 41-A of Cr.P.C.).

4. Learned Additional Public Prosecutor has not disputed the same.

5. Considering the submissions of both the counsel and on perusal of the material available on record, it is seen that the allegations are under Section 316(4) and 314 of the BNS and the punishment prescribed for the said 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 to appear before the Investigating Officer on or before 17.10.2025 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 petitioner shall submit her 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 shall complete the investigation strictly in accordance with law.

6. With the above said observations, this Criminal Petition is disposed of. There shall be no order as to costs.

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

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JUSTICE TIRUMALA DEVI EADA

23.09.2025 GV