Borgam Shiva @ Shiva kumar v. State of Biharl scrupulously. However

,,ai :::.a;i.,.i*e;*:' -7 THE HON'BLE SMT. JUSTICE TIRUMALA,)EVIEADA CRIMINAL PETITION No.1 0924 of 2025 ORDER: 1. This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for shoh ,BNSS,) by the petitioneriaccused No.1 seeking to quash the prc ceedings against him in Crime No.402 of 2025, on the file of AJ Mills Cotony police Station, Warangal District, registered for the offr:nces punishable under Sections 333, 351(2), 296(b) read with :l(5) of Bharatiya Nyaya Sanhitha,2023.

Heard Sri Hari Kishan Kudikala, learned counsel for the petitioner and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent No. 1 -State.

Learned counsel for the petitioner has s ubmitted that a direction be issued to the Police to follow the procedure prescribed under Section 35 (3) of Bharatiya Nagarik Surakstra Sanhita, 2023 (for short 'BNSS').

On the other hand, learned Additional p-rblic prosecutor submitted that the punishment prescribed for the offences alleged a\ainst the petitioner is less than seven (07) years and has sought for directions to the Police to proceed with investiglation by issuing I I 2 ETD, J Crlp 10924 2025 notice under Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').

Perused the record. The allegations pertain to offences under Sections 333, 351(2), 296(b) read with 3(5) of Bharatiya Nvava Sanhitha, 2023 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 to appear before the lnvestigating Officer on or before 10.09.2025 between 11:00 a.m. and 05:00 p.m' and in turn, the lnvestigating 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 lndia in Arnesh Kumar v. State of Biharl scrupulously. However, the petitioner shall submit his defense and co-operate with the lnvestigating Officer as and when required by furnishing information and producing all relevant documents/material required for the purpose of investigation and the lnvestigating Officer shall consider the same and complete the investigation strictly in accordance with law. 1 (2014) 8 scc 273 3 ETD. J Crlp 1092.1 2015 6 Accordingly the Criminal Petition is disposed rf

As a sequel, the miscellaneous petitions pending, if any, shall stand closed SD/- B. REKHA RANI T REGISTRAR os.',:{,of //TRUE COPY// dec}or'r oFFtcER To, '1 . The I Additional Judicial First Class Magistrate at Wara lgal' 2. The Station House Officer, AJ Mills Colony Police Stati rn, Warangal' 3. One CC to SRI HARI KISHAN KUDIKALA Advocate [OPUC] 4. TwoCCstoPUBL|CPRoSECUToR,HighCourtfortl.eStateofTelangana, at Hyderabad. [OUT]

5. Two CD Copies GR/PSL Y\-- HIGH COURT DATED:2610812025 I I ORDER CRLP.No.10924 ot 2025 l'/] i 7 ,.^7 .)3 15 s':P 2[m r t \ * t) t DISPOSING OF THE CRIMINAL PETITION ."P14 % &^,