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CDJ 2025 TSHC 1468 print Preview print print
Court : High Court for the State of Telangana
Case No : Criminal Petition No. 15489 of 2025
Judges: THE HONOURABLE MRS. JUSTICE TIRUMALA DEVI EADA
Parties : Neeraj Bansal Versus The State of Telangana Through PS EOW CYB
Appearing Advocates : For the Petitioner: Sirgapoor Sahil Reddy, Advocate. For the Respondents: Public Prosecutor.
Date of Judgment : 26-11-2025
Head Note :-
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 528 -
Judgment :-

1. This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking to quash the proceedings against the petitioners/accused Nos.1 and 2 in FIR.No.83 of 2025 on the file of EOW (Cyberabad) Police Station, Cyberabad registered for the offences under Sections 316 (2), 318(4) r/w 61(2) of BNS.

2. Heard Sri. Sahil Reddy, learned counsel for the petitioners/accused Nos.1 and 2, as well as Sri Jithender Rao Veeramalla, the learned Additional Public Prosecutor appearing for the respondent No.1-State.

3. Learned counsel for the petitioners has restricted his submission stating that a direction be issued to the Police to follow the procedure prescribed under Section 35 (3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’).

4. On the other hand, the learned Additional Public Prosecutor submitted that the punishment prescribed for the offences alleged against the petitioner is less than seven (07) years and has sought for directions to the Police to proceed with investigation by issuing notice under Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’).

5. Perused the record. The allegations leveled against the petitioners pertain to the offences under 316(2), 318 (4) r/w 61(2) of BNS, 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 petitioners/accused Nos.1 and 2 to appear before the Investigating Officer on or before 17.12.2025 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 Bihar ((2014) 8 SCC 273) scrupulously. However, the petitioners/accused Nos.1 and 2 shall submit their defense and co-operate with the Investigating Officer as and when required by furnishing information and producing all relevant documents/material required for the purpose of investigation and the Investigating Officer shall consider the same and complete the investigation strictly in accordance with law.

6. Accordingly the Criminal Petition is disposed of.

7. As a sequel, miscellaneous petitions, pending if any, shall stand closed.
 
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