The High Court · 2025

This Petit (rn coming on for hearing, upon perusing the I\lemorandum of Grounds of i) ininal petition and upon hearin,g tre arguments of sri S chandra lrftrhan Reddy, Advocate for the petitione,r and sr Jithender Rao veerama'a, Adcritionar pubric prosecutor on beharf of the Rersporrdent No.1 and none appeared for :he Respondent No.2. The Cou( made the following: ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITION No. 7954 OF 2025 ORDER This Criminal Petition is filed under Section 528 of Bharatiya Najarik Suraksha Sanhita, 2023 (tor short 'BNSS, 2023') seeking quashment of the proceedings against the petitioners in Crime No.89 of 2025 ol Mallareddigudem (Chinthalapalem) Police Station, Suryapet District.

2. The petitioners are arrayed as accused Nos.1 to 14 in Crime No.89 of 2025 registered for the offences under Sections 74, 329(3), 352, 351(1), 189('l ) read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short 'BNS, 2023') and Section 3(1Xg)(rxs) of the Scheduled Castes and the Scheduled Tribes (Prevention Of Atrocities) Act, 1989.

3. Heard tVlr. S.Chandra Mohan Reddy, learned counsel for the petitioners and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing 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 offences being punishable with imprisonment of below sqy!:!. 2 'l -- years, the rnv()r;figating police authority has not yet ir;sued any notice under Section 35(3) of BNSS,2023. lt is further slrbmitted that the petitioners hav: ro intention of evading the investigaticrn ? td are willing to extend full cooperation to the authorities. ln lig,rt of these ciriumstances learned counsel prays that appropriate r lirections be issued to the c;.rrcerned police officials to proceecl in acc >rdance with law by issuing a notice under Section 35(3) of IINSS 2023 thereby safeguarding the, petitioners from any unwarranted coerr;ive .neasures.

6. Learned ,cdditional Public prosecutor opposecl the, pel tion I have perrtsed the materials on record. 7 . Considerir g that the alleged offences are truni shable with imprisonment r-,f below seven years, and in vievr of the petitioners' willingness to participate in the investigative procesr;, the p(,titioners are hereby directecl r:o appear before the Station Hc,use Ofricer (SHO), Mallareddiguderr (Chinthalapalem) police Station, w,ithirr on,) week from the date of receitt of a copy of this order. Upon sLrch ;app.arance, the lnvestigating officer shall issue notice to the petitioner:; urder section 35(3) of the BNS;S, in connection with Crime No.g€r of 202:, and shall proceed fufiher s;trictly in accordance with the guidelin*s lerid down by the Hon'ble Supn:"ne Court in Arnesh Kumar y. Sfafe of Bihitr, teo14) S scc 2731. sinrrttaneousry, the petitioners are directe,r to extend furl t. 3 cooperation to the lnvestigating 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 SD/-SRI AHMED ABDULLAH KHAN, STANT REGISTRAR //TRUE COPY// s CTION OFFICER :- To, 1 2 3 4 5 The Additional Judicial First Class Magistrate, Hu The Station House Officer, Mallareddigudem (Chinthalapalem) Police Station, Suryapet Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad (OUT) One CC to Sri S Chandra lVohan Reddy, Advocate [OPUC] Two CD Copies ABK I // ,. ,1', .:' \J \\', \. \ .4 1;ii.: SI4 I I i 3 iirl 205 7_ P i .i. Jii ,lr tTjC\{ HIGH COURT DATED: 271A812025 ORDER CRLP.No.7954 o'2025 DISPOSING OF'-IIE CRIMINAL PETITION