THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.11086 OF 2025

ORDER:

This Criminal Petition is filed by the petitioner – accused No.1 seeking to quash the proceedings in FIR No.304 of 2025 on the file of P.S. Maheshwaram, Rachakonda, registered for the offences under Sections 303(2), 329 (3) read with Section 3(5) of The Bharatiya Nyaya Sanhita, 2023 (for short “BNS, 2023”).

2. Heard the submissions of Sri S.Nagesh Reddy, learned counsel for the petitioner and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent No.1 – State.

3. The learned petitioner counsel has submitted that the allegation of theft and trespass against the petitioner herein amounts to mockery of justice and that the petitioner has development agreement in his favour and that he is the developer of the property and with the consent of the de facto complainant, he was put in possession of the property, therefore, the ingredients of theft and trespass do not attract, hence, he prayed to quash the proceedings against the petitioner.

4. The learned Additional Public Prosecutor has submitted that the notices under Section 35(3) of the BNSS were issued against the other accused and therefore, the police may be directed to proceed in the same fashion against this petitioner herein.

5. Perused the record.

6. The investigation is still in progress. The complaint prima facie points out the allegation under Sections 303(2), 329 (3) read with Section 3(5) of BNS.

7. Since, the notices under Section 35(3) of the BNSS were already issued against all the other accused and the punishment prescribed for the said offences alleged against the petitioner is less than seven (07) years, this Court deems it appropriate to direct the petitioner, who is accused No.1 to appear before the Investigating Officer on or before 10.09.2025 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 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 shall complete the investigation, strictly in accordance with law.

8. In the result, the Criminal Petition is disposed of.

Miscellaneous applications pending, if any, shall stand closed.

____________________________ JUSTICE TIRUMALA DEVI EADA Date: 03.09.2025 ns