IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO CRIMINAL PETITION No.3286 of 2026 Date: 09.03.2026 Between:

Vamshi Krishna Parepalli ...Petitioner AND The State of Telangana, Rep. by the SHO, Police WPS-IT Corridor, Cyberabad, Through Public Prosecutor, High Court for State of Telangana, at Hyderabad and two others.

...Respondents

ORDER

This Criminal Petition is filed questioning the notice issued by the Investigating Officer dated 20.02.2026 under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), which was served through WhatsApp and email.

2. Heard Mr.Baglekar Akash Kumar, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent Nos.1 and 2.

3. With the consent of both the learned counsel, the criminal petition is disposed of at the admission stage.

4. Notice in respect of respondent No.3 is dispensed with, on the ground that the petitioner has filed the present criminal petition only questioning the notice issued by the Investigating Officer under Section 35(3) of the BNSS, and no relief is sought against respondent No.3.

5. Learned counsel for the petitioner submits that the petitioner was arrayed as accused No.1 in Crime No.39 of 2026 of WPS-IT Corridor Police Station, Cyberabad Commissionerate, for the offences punishable under Sections 85, 115(2), 351(2) and 352 of the Bharatiya Nyaya Sanhita, 2023 (for short “BNS”), based on the complaint lodged by respondent No.3. The Investigating Officer issued a notice dated 20.02.2026 to the petitioner under Section 35(3) of the BNSS through WhatsApp and email, which is contrary to the principles laid down by the Hon’ble Supreme Court in Satender Kumar Antil v. Central Bureau of Investigation and Another, 2025 SCC OnLine SC 1578

6. Learned Additional Public Prosecutor has not disputed the principle laid down by the Hon’ble Supreme Court in Satender Kumar Antil (supra).

7. Having considered the rival submissions made by both the parties and after perusal of the material available on record it reveals that the

Investigating Officer had issued notice under Section 35(3) of the BNSS to the petitioner on 20.02.2026 through WhatsApp and Email. By virtue of the principle laid down by the Hon’ble Supreme Court in Satender Kumar Antil (supra) at paragraph Nos.26 to 28, the impugned notice issued by the Investigating Officer on 20.02.2026 is hereby quashed. However, the Investigating Officer is entitled to proceed with the investigation in accordance with law.

8. Accordingly, the criminal petition is disposed of.

Pending miscellaneous applications, if any, shall stand closed.

____________________________ JUSTICE J. SREENIVAS RAO

09.03.2026 Note: Issue CC in a week b/o sa