Telangana High Court
Chinta Srinivas Alias Chinthha … vs The State Of Telangana, on 12 August, 2025
HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA
CRIMINAL PETITION No.10254 of 2025
ORDER:
This Criminal Petition is filed under Section 528 Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) by the
petitioner/accused seeking to quash the proceedings against him
in Crime No.158 of 2025 on the file of Mudhole Police Station,
Nirmal, registered for the alleged offences punishable under
Sections 316(2), 316(5) and 318(4) of Bharatiya Nyaya Sanhita,
2023 (for short ‘BNS’).
2. Heard Sri Bhargava Krishna L, learned counsel for the
petitioner and Sri Jithender Rao Veeramalla, learned Additional
Public Prosecutor appearing for the respondent No.1-State.
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 Bharatiya
Nagarik Suraksha Sanhita (BNSS) (Previously Section 41-A of
Cr.P.C.).
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ETD, J
Crl.P_10254_2025
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 Sections 316(2), 316(5) and 318(4) of BNS
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 29.08.2025 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 1 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
1
(2014) 8 SCC 273
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ETD, J
Crl.P_10254_2025
shall consider the same and shall complete the investigation
strictly in accordance with law.
6. With the above said observations, this Criminal Petition is
disposed of. There shall be no order as to costs.
7. As a sequel, the miscellaneous petitions pending, if any,
shall stand closed.
__________________________________
JUSTICE TIRUMALA DEVI EADA
12.08.2025
GV