1. This Criminal Petition is filed seeking to quash the proceedings in FIR No.1349 of 2025, of Medipally Police Station, Rachakonda Commissionerate, wherein the petitioners were arrayed as accused Nos.1 to 7, for the offences punishable under Sections 329(3), 324(4), 351(2), 352 and 115(2) r/w 3(5) of the Bharatiya Nyaya Sanhitha, 2023.

2. Heard Mr.Suresh Shiv Sagar, learned counsel for the petitioners and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent No.1.

3. Learned counsel for the petitioners submitted that respondent No.2 is an agreement holder and does not have any semblance of title over the property and has made false allegations against the petitioners. He further submitted that the nature of allegations made in the complaint is purely civil in nature. He further submitted that petitioner No.1 had earlier approached this Court by filing W.P.No.35813 of 2025, questioning the action of respondent No.3 therein in interfering with the civil disputes pending between the petitioner and respondent No.4 therein. This Court, by order dated 25.11.2025, disposed of the said writ petition, directing the respondents therein to consider the petitioner’s representation dated 19.11.2025 and pass appropriate orders strictly in accordance with law. Hence, the continuation of the proceedings against the petitioners is a clear abuse of the process of law.

4. Per contra, learned Additional Public Prosecutor submitted that the offences levelled against the petitioners are punishable with imprisonment of less than less years and the Investigating Officer had already issued notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short ‘BNSS’) on 11.02.2026 and the petitioners are entitled to submit reply/explanation to the said notice by enclosing all the documents which are available with them and the Investigating Officer will follow the guidelines formulated by the Hon’ble Apex Court in Arnesh Kumar v. State of Bihar ((2014) 8 SCC 273).

5. Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that the offences alleged against the petitioners are punishable with imprisonment of less than seven years. It is not in dispute that the Investigating Officer had already issued notice under Section 35(3) of the BNSS to the petitioners on 11.02.2026.

6. In view of the same, the petitioners are directed to submit reply/explanation along with the documents, which are available with them, to the Investigating Officer and the Investigating Officer is entitled to follow the procedure as contemplated under the provisions of the BNSS and also the guidelines formulated by the Hon’ble Apex Court in Arnesh Kumar supra.

7. Subject to the above directions, the Criminal Petition is disposed of.

Miscellaneous applications, pending if any, shall stand closed.