THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA

ORDER:

This criminal petition is filed seeking to quash the proceedings against the petitioner-accused No.2 in Crime No.552 of 2025 on the file of the Station House Officer, Borabanda Police Station, Hyderabad, for the offences under Sections 126(2), 132, 115(2), 352 read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’).

2. Heard Mr. Mohammed Zakiuddin, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor 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).

4. Learned Additional Public Prosecutor submitted that he received instructions from the Sub-Inspector of Police, Borabanda, wherein it is mentioned that Section of law was altered from Section 132 of BNS to Section 121 of BNS and also added Section 351 (2) of BNS in addition to those registered vide FIR No.552 of 2025 and that all the offences are punishable with imprisonment of less than 7 years, but as far as Section 121(2) of BNS, the punishment is imprisonment of more than 7 years and hence, prayed to pass appropriate orders in the petition.

5. Perused the record.

6. The offences alleged against the petitioner vide FIR No.552 of 2025 are under Sections 126(2), 132, 115(2), 352 read with 3(5) of BNS and as per the instructions received by the learned Additional Public Prosecutor, Section of law was altered from Section 132 of BNS to Section 121 of BNS and also added Section 351 (2) of BNS and that the punishment for all the offences is less than 7 years of imprisonment, except under Section 121(2) of BNS. However, the material furnished by the Sub-Inspector of Police through the Additional Public Prosecutor does not specify the Sub-Section to Section 121 of BNS.

7. Hence, considering the facts and circumstances of the case and the submissions of the learned counsel for the petitioner, this Court deems it appropriate to direct the petitioner to appear before the Investigating Officer concerned on or before 26.09.2025 between 11.00 a.m. and 5.00 p.m., and in turn, the Investigating Officer is directed to follow the procedure laid down under Section 35 (3) of BNSS and the guidelines formulated by the Hon’ble Apex Court in Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273 scrupulously and the petitioner is also directed to co- operate with the Investigating Officer and to furnish the requisite information and documents as and when required by him.

7. Accordingly, the Criminal Petition is disposed of with the above directions. Miscellaneous Petitions pending, if any, shall stand closed.

____________________________ JUSTICE TIRUMALA DEVI EADA September 15, 2025

KTL