Telangana High Court
Addanki Anand Anand Chandraiya ... vs The State Of Telangana on 1 September, 2025
THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA
CRIMINAL PETITION No.11133 of 2025
ORDER:
1. This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') seeking to quash the proceedings against the petitioners/accused Nos.1 to 7 in Crime No.54 of 2025 of Bhongir Women Police Station (Rachakonda), pending on the fie of Judicial First Class Magistrate, Bhongir, registered for the offences punishable under Sections 85 of BNS and Sections 3 & 4 of Dowry Prohibition Act.
2. Heard Sri B.Gopinadh, learned counsel for the petitioners/accused Nos.1 to 7 and Sri Jithender Rao Veeramalla, the learned Additional Public Prosecutor appearing for the respondent No.1-State.
3. Learned counsel for the petitioner has submitted that a direction be issued to the Police to follow the procedure prescribed under Section 35 (3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').
4. On the other hand, learned Additional Public Prosecutor submitted that the punishment prescribed for the offences alleged against the petitioners/accused Nos.1 to 7 is less than seven (07) 2 ETD,J Crl.P.No.11133 of 2025 years and has sought for directions to the Police to proceed with investigation by issuing notice under Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').
5. Perused the record. The allegations pertain to offences under under Sections 85 of BNS and Sections 3 & 4 of Dowry Prohibition Act which attracts punishment of less than seven years. Hence, without going into the merits of the case, this Court deems it appropriate to direct the petitioners/accused Nos.1 to 7 to appear before the Investigating Officer on or before 15.09.2025 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 1 scrupulously. However, the petitioner/accused Nos.1 to 7 shall submit their defense and co-operate with the Investigating Officer as and when required by furnishing information and producing all relevant documents/material required for the purpose of investigation and the Investigating Officer shall consider the same and complete the investigation strictly in accordance with law. 1 (2014) 8 SCC 273 3 ETD,J Crl.P.No.11133 of 2025
6. Accordingly the Criminal Petition is disposed of.
7. As a sequel, miscellaneous petitions, pending if any, shall stand closed.
___________________________ JUSTICE TIRUMALA DEVI EADA Dt.01.09.2025 ysk