Telangana High Court
Sri. B Sai Pavan vs State Of T.G. on 31 July, 2025
Author: N.Tukaramji
Bench: N.Tukaramji
THE HONOURABLE SRI JUSTICE N.TUKARAMJI
CRIMINAL PETITION No. 9702 OF 2025
ORDER
This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS, 2023') seeking quashment of the proceedings in Crime No.99 of 2025 of Devaruppula Police Station, Warangal, against the petitioners.
2. The petitioners are arrayed as accused Nos.1 and 2 in Crime No.99 of 2025 registered for the offences under Sections 318(4) and 316(2) of Bharatiya Nyaya Sanhita, 2023 (for short 'BNS, 2023').
3. Heard Mr. N. Prathap Kumar, learned counsel for the petitioners and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent No.1-State.
4. Learned counsel for the petitioners respectfully submits that although the petitioners are fully committed to cooperating with the investigative process, they are apprehensive of potential coercive action being taken against them. This concern arises from the fact that, despite the alleged offence being punishable with imprisonment for a term less than seven years, the investigating police authority has not yet issued any notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). It is further submitted that the 2 petitioners have no intention of evading the investigation and are willing to extend full cooperation to the authorities. In light of these circumstances, learned counsel prays that appropriate directions be issued to the concerned police officials to proceed in accordance with law by issuing a notice under Section 35(3) of the BNSS, thereby safeguarding the petitioners from any unwarranted coercive measures.
5. Learned Additional Public Prosecutor opposed the petition.
6. I have perused the materials on record.
7. Considering that the alleged offences are punishable with imprisonment for a term less than seven years, and in view of the petitioners' willingness to participate in the investigative process, the petitioners are hereby directed to appear before the Station House Officer (SHO), Devaruppula Police Station, Warangal, within one week from the date of receipt of a copy of this order. Upon such appearance, the Investigating Officer shall issue notice to the petitioners under Section 35(3) of the BNSS, in connection with Crime No.99 of 2025, and shall proceed further strictly in accordance with the guidelines laid down by the Hon'ble Supreme Court in Arnesh Kumar vs. State of Bihar 1. Simultaneously, the petitioners are directed to extend full 1 [(2014) 8 SCC 273] 3 cooperation to the Investigating Officer during the course of the investigation.
8. With this direction, this Criminal Petition is disposed of.
Pending miscellaneous applications, if any, shall stand closed.
______________ N.TUKARAMJI,J Date: 31.07.2025 dsv