THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.10183 of 2025 ORDER:-

1. This Criminal Petition is filed seeking to quash the proceedings against the petitioner/accused No.2 in Crime No.540 of 2025 of Punjagutta Police Station, Hyderabad, registered for the offences punishable under Sections 125, 281, 110, 49 of Bharatiya Nyaya Sanhita (BNS) 2023; Section 184 of M.V.Act and Section 3 of Prevention of Damage to Public Property (PDPP) Act, 1984.

2. Heard Sri G.Bhaskar Reddy, learned counsel for the petitioner/accused No.2 as well as the learned Additional Public Prosecutor representing the respondent No.1-State.

3. Learned counsel for the petitioner submits that the petitioner is the owner of the Lorry bearing registration No.JK-08M-9450 and that he is no way connected with the allegations levelled in the complaint and that it is alleged that the driver of the said Lorry has driven the vehicle in a rash and negligent manner and got hit against the Metro divider near Metro Pillar No.A1096 for which act, the petitioner is not responsible and that the petition may be allowed by quashing the FIR registered against him.

4. On the other hand, the learned Additional Public Prosecutor has submitted that the offence under Section 49 of BNS, 2023 is attracted towards the petitioner/accused No.2 and has fairly submitted that Police can invoke the powers under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

5. Perused the record. As seen from FIR, the offences registered against the petitioner/accused No.2 are under Sections 125, 281, 110, 49 of BNS, 2023; Section 184 of M.V.Act and also Section 3 of Prevention of Damage to Public Property (PDPP) Act, 1984. Whereas, the offences alleged against the petitioner/accused No.2 herein points out the allegations under Section 49 of BNS, 2023 and Section 184 of M.V.Act.

6. Considering the submissions made by both parties and the facts and circumstances of the case, the Criminal Petition is disposed of directing the concerned Police to follow the mandatory procedure laid down under Section 35(3) of BNSS, 2023 and also the guidelines formulated by the Hon’ble Supreme Court of India in Arnesh Kumar v. State of Bihar and another, (2014) 8 SCC 273 and shall proceed with the investigation strictly in accordance with law. However, the petitioner/accused No.2 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 investigation and the Investigating Officer shall

consider the same and shall complete investigation strictly in accordance with law.

7. Miscellaneous petitions pending, if any, shall stand closed.

____________________________ JUSTICE TIRUMALA DEVI EADA Dt.12.08.2025 ysk