APHC010191312025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY ,THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT CRIMINAL PETITION NO: 4059/2025 Between: Shaik Bepari Ahmed Basha @ Sb Ahmed Basha ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1. S DUSHYANTH REDDY Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.4059 of 2025 ORDER: 1. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor appearing for the State. 2. The learned counsel appearing for the petitioner submits that the petitioner was arraigned as accused in Crime No.301 of 2024 of Chinna Chowk U/G Police Station YSR Kadapa District, registered for the alleged offence under Sections 79, 294, read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 67 of the Information Technology Act, on the strength of the complaint of the 2nd respondent. 3. The learned counsel further submits that the investigation officer in Crime No.301 of 2024, in order to apprehend the petitioner, had obtained a P.T. warrant. However, the petitioner was released on 09.04.2025. It is further submitted that the investigation officer issued a notice under Section 522 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [for short ‘B.N.S.S.’] requiring the petitioner to appear on 14.09.2024. It is submitted that the petitioner made a representation on 13.09.2024, informing the investigation officer that he could not appear on 14.09.2024 and requested adequate time to appear. Thereafter, there was no response from the investigation officer. However, the investigation officer filed a Memo before the II Additional Judicial Magistrate of First Class, Kadapa, duly informing the Court that the petitioner did not respond to the notice issued under Section 35(3) of B.N.S.S., dated 12.09.2024, and obtained P.T. warrant against the petitioner. 4. Upon examining the notice, dated 12.09.2024, it is evident that the notice was not independently issued under Section 35(3) of B.N.S.S., but under Section 522 of B.N.S.S. 5. Be that as it may, the investigation officer in Crime No.301 of 2024 of Chinna chowk U/G Police Station, YSR Kadapa, is hereby directed to issue a fresh notice under Section 35(3) of B.N.S.S. and grant adequate time to the petitioner for the purpose of investigation. 6. With these observations, the criminal petition is disposed off. 7. Miscellaneous petitions, if any, pending in this criminal petition shall stand closed. ____________________ JUSTICE HARINATH.N Dt.10.04.2025 BV