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CDJ 2026 TSHC 015
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| Court : High Court for the State of Telangana |
| Case No : Criminal Petition No. 30 of 2026 |
| Judges: THE HONOURABLE MRS. JUSTICE TIRUMALA DEVI EADA |
| Parties : Achamu Parameshwar @ Acham Parameshwar Versus The State of Telangana, Rep. by its Public Prosecutor, Wanaparthy High Court for the State of Telangana, Hyderabad & Another |
| Appearing Advocates : For the Petitioner: Gujjula Madhusudan, Advocate. For the Respondent: Public Prosecutor. |
| Date of Judgment : 06-01-2026 |
| Head Note :- |
| Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 528 - |
| Summary :- |
1. Statutes / Acts / Rules Mentioned:
- Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023
- Sections 316 (2), 316 (5) and 318 (4) of Bharatiya Nyaya Sanhita, 2023
- Section 7 of Essential Commodities Act
- Section 35(3) of the BNSS (previously Section 41-A of Cr.P.C.)
- Criminal Procedure Code, 1973
2. Catch Words:
quash, investigation, notice
3. Summary:
The petitioner filed a criminal petition under Section 528 of the BNSS seeking to quash proceedings in Crime No. 49 of 2025, which involved offences under the BNS and the Essential Commodities Act. While arguing for quash, the petitioner also requested that the police proceed with investigation under Section 35(3) of BNSS. The Additional Public Prosecutor did not oppose this request. The court noted that the alleged offences carry a punishment of less than seven years and, without examining merits, directed the petitioner to appear before the investigating officer by 03‑02‑2026 and for the officer to follow Section 35(3) and the Arnesh Kumar guidelines. The petitioner must cooperate and submit his defence; failure to appear will permit further legal steps. The petition was consequently disposed of, and any other pending miscellaneous petitions were closed.
4. Conclusion:
Petition Dismissed |
| Judgment :- |
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1. This Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) by the petitioner/accused No.2 seeking to quash the proceedings against him in Crime No.49 of 2025 on the file of Pebbair Police Station, Wanaparthy District, registered for the alleged offences punishable under Sections 316 (2), 316 (5) and 318 (4) of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) and Section 7 of Essential Commodities Act (for short ‘the Act’).
2. Heard Mr.Gujjula Madhusudan, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent Nos.1 and 2.
3. Though this petition is filed for quashing the proceedings in the crime, during the course of arguments, learned counsel for petitioner has sought for directions to the Police to proceed with investigation by issuing notice under Section 35(3) of BNSS (Previously Section 41-A of Cr.P.C.).
4. Learned Additional Public Prosecutor has not disputed the same.
5. Considering the submissions of both the counsel and on perusal of the material available on record, it is seen that the allegations are under Section 316 (2), 316 (5) and 318 (4) of BNS and Section 7 of the Act and the punishment prescribed for the said offences alleged against the petitioner is less than seven (07) years. Hence, without going into the merits of the case, this Court deems it appropriate to direct the petitioner to appear before the Investigating Officer on or before 03.02.2026 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 Bihar1 scrupulously. However, the petitioner shall submit his defense and co-operate with the Investigating Officer as and when required by furnishing information and produce all relevant documents/material required for the purpose of the investigation and the Investigating Officer shall consider the same and shall complete the investigation strictly in accordance with law.
6. If the petitioner fail to appear before the Investigating Officer, within the stipulated time, the Investigating Officer is entitled to take steps in accordance with law.
7. With the above said observations, this Criminal Petition is disposed of.
As a sequel, the miscellaneous petitions pending, if any, shall stand closed.
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