Telangana High Court
Kamadri Rajeswari vs The State Of Telangana on 18 July, 2025
Author: N.Tukaramji
Bench: N.Tukaramji
THE HONOURABLE SRI JUSTICE N.TUKARAMJI
CRIMINAL PETITION No.9036 OF 2025
ORDER
This Criminal Petition is filed under Section 528 of Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS, 2023’) seeking
quashment of the proceedings in Crime No.70 of 2024, on the file of
Husnabad Police Station, Siddipet District, against the petitioners-
accused Nos.2 and 3.
2. The petitioners are arrayed as accused Nos.2 and 3 in Crime
No.70 of 2024 registered for the offence under Sections 420, 464, 447,
506 read with section 34 of Indian Penal Code.
3. Heard Mr.Marati Dinesh, learned counsel for the petitioners and
Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor
appearing for the respondent No.1-State.
4. Learned counsel for the petitioners respectfully submits that
although the petitioners are fully committed to cooperate with the
investigative process, they are apprehensive of potential coercive
action being taken against him. This concern arises from the fact that,
despite the alleged offences being punishable with imprisonment for a
term less than seven years, the investigating authority has not yet
issued any notice under Section 35(3) of the Bharatiya Nagarik
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Suraksha Sanhita, 2023 (BNSS). It is further submitted that the
petitioners have no intention of evading the investigation and they are
willing to extend full cooperation to the authorities. In light of these
circumstances, learned counsel prays that appropriate directions be
issued to the concerned police officials to proceed in accordance with
law by issuing a notice under Section 35(3) of the BNSS, thereby
safeguarding the petitioners from any unwarranted coercive measures.
5. Learned Additional Public Prosecutor opposed the petition.
6. I have perused the materials on record.
7. Considering the fact that the alleged offences are punishable
with imprisonment for a term less than seven years, and the readiness
of the petitioners to cooperate with the investigation, keeping open all
prerogatives of the investigation, the petitioners are hereby directed to
appear before the Station House Officer, Husnabad Police Station,
Siddipet District, within one week from the date of receipt of a copy of
this order. Upon such appearance, the Investigating Officer shall issue
notice to the petitioners under Section 35(3) of the BNSS, in
connection with Crime No.70 of 2024, and shall proceed further strictly
in accordance with the guidelines laid down by the Hon’ble Supreme
Court in Arnesh Kumar v. State of Bihar 1,. Simultaneously, the
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(2014) 8 SCC 273
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petitioners are directed to extend full cooperation to the Investigating
Officer during the course of the investigation.
8. With this direction, this Criminal Petition is disposed of.
Pending miscellaneous applications, if any, shall stand closed.
_____________________
JUSTICE N.TUKARAMJI
Date: 18.07.2025
tssb
