Court in Arnesh Kumar v. Sfafe of Biharl Simultaneously, the

Petition under Section 528 of BNSS paying that in the circumstances stated in the Memorandum of Grounds of Criminal petition, the High Court may be pleased to quash the proceedings against the petitioners/Accusld Nos..l to g in crime No. 104 ot 2025 on Gudipally Police station, Nalgonda District for the alleged offenses U/secs.118 (1) 352 r/w, 3(S) BNS 3(1) (r )(s) SC, ST pOA Amendment Act,2015 Petition under section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminal petition,the High court may be pleased to stay all the further proceedings including the prelence of the Petitioners/Accused Nos.1 to 8 in crime No, 104 ot zois on budipally police station, Nalgonda District for the alleged offences u/secs. 118 (1) 3b2 ilw, r1s1 BNS 3(1) (r ) (s) SC, ST POA Amendment Act,201S 1 Petition under section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminal Fetition,the High court may be pleased to dispense with the filing of certified copy of the FIR No. .r 04 of 2o25, dated 28.06.2025 on the file of Gudipally potice station, Nalgonda District This Petition coming on for hearing,upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of sri poNNAM ASHOK GoUD ,Advocate for the petitioner and Mr V.Jithender Rao Additionar Public Prosecutor on behalf of the Respondent No1. and none appear for the Respondent No2. The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI ORDER This petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashment of the proceedings in Crime No.104 of 2025, on the file of Gudipally Police Station, Nalgonda District, against the petitioners/accused Nos-1 to 8.

2. Heard Mr.Ponnam Ashok Goud, learned counsel for petitioners, Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent No.1-State-

3. The petitioners are arrayed as accused Nos.1 to 8 in Crime No.104 of 2025 facing accusation under Sections 118(1), 352, r/w. 3(5) of BNS, 3(1[r)(s), SCs/STs POA Act.

4. Learned counsel for the petitioners respectfully submits that although the petitioners are fully committed to cooperate 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). lt is further submitted that 2 the petitioners have no intention of evading the investigation and are willing to extend full cooperation to the authorities. ln light of these circumstances, learned counsel prays that appropriate directions be issued to the concemed 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.

6. Learned Additional Public prosecutor opposed the petition. I have perused the materials on record.

7. Considering that the alleged offence is 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 directed to appear before the Station House Officer (SHO), Gudipally Police Station, Nalgonda District, within one week from the date of receipt of a copy of this order. Upon such appearance, the lnvestigating Officer shall issue notice to the petitioners under Section 3S(3) of the BNSS, in connection with Crime No.104 of 2025, and shall proceed further stricfly in ,accordance with the guidelines laid down by the Hon'ble Supreme 3 Court in Arnesh Kumar v. Sfafe of Biharl . Simultaneously, the petitioners are directed to extend full 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. \ To, //TRUE COPY// SD/- MOHO. ISMAIL UTY REGISTRAR SECTION OFFICER

5. The Additional Judicial First Class Magistrate at Devarakonda The Station House Officer ,Policc Station Gudipally,Nalgonda District One CC to SRl. PONNAM ASHOK GOUD Advocate [OpUC] Two CC to SRl. PUBLTC PROSECUTOR Advocate [OPUC] Two CD Copies AG/g I (2014) 8 scc 273 HIGH COURT TE :29107t2025 t I r,- '\t i$ 22 Ntlt' ilE z r\ * 9t ttf * ORDER CRLP.No.9499 of 2025 CRLP IS DISPOSED OF I *dd W. .-fl,(I,