THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.12173 of 2025

ORDER

1. This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking to quash the proceedings against the petitioners/accused Nos.3 & 4 in Crime No.116 of 2025, on the file of Bazarhatnoor Police Station, Adilabad District, registered for the offence punishable under Section 118(1) read with 3(5) of BNS, 2023.

2. Heard Mr.N.Avaneesh, learned counsel for the petitioners/accused Nos.3 & 4 as well as Mrs.Shalini Saxena, the learned Assistant Public Prosecutor appearing for the respondent No.1-State.

3. Learned counsel for the petitioners has restricted his submissions 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, learned Assistant Public Prosecutor submitted that the punishment prescribed for the offences alleged against the petitioners is less than seven (07) years and has sought for directions to the Police to proceed with investigation by issuing notice under Section 35(3) of Bharatiya Nagarik Suraksha Sa