Telangana High Court
Vaditha Chinna Ranga Naik Ram Chinna vs The State Of Telangana on 18 November, 2025
THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA
CRIMINAL PETITION No.15086 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 petitioner/accused in FIR No.1325 of 2025 registered for the offence punishable under Sections 316(2), 318(4), 351(2), 115(2) of BNS.
2. Heard Sri K. Rohit, learned counsel for the petitioner/accused as well as Sri Jithender Rao Veeramalla, the learned Additional Public Prosecutor appearing for the respondent No.1-State.
3. Learned counsel for the petitioner have restricted his submission stating 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, the learned Additional Public Prosecutor submitted that the punishment prescribed for the offences alleged against the petitioner is less than seven (07) 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').
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ETD, J Crlp_15086_2025
5. Perused the record. The allegations leveled against the petitioner pertain to the offence under Sections 316(2), 318(4), 351(2), 115(2) of BNS, 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 petitioner/accused to appear before the Investigating Officer on or before 09.12.2025 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 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.
6. Accordingly the Criminal Petition is disposed of. 1 (2014) 8 SCC 273 3 ETD, J Crlp_15086_2025
7. As a sequel, miscellaneous petitions, pending if any, shall stand closed.
___________________________ JUSTICE TIRUMALA DEVI EADA Dated: 18.11.2025 ggd 4 ETD, J Crlp_15086_2025 THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.15086 of 2025 Dated: 18.11.2025 ggd