Kambalapalli Suresh @ Kampeta Suribabu v. The State of Telangana through Station House Officer, V-enkatapuram Police

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY,THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO CRIMINAL PETITION NO: 806 OF 2025 Between: Kambalapalli Suresh @ Kampeta Suribabu S/o Kampela *"*.llrr",,,,on"r/Accused 1 AND

#1. The State of Telangana through Station House Officer, V-enkatapuram Police Station, Mulugu DiStrict rep. bt Public Prosecutor, High Court for the State of Telangana

#2. P.Laxmi Rajaiah, Tahsildar of Venkatapuram [t/andal, Mulugu District R espo ndents/C omp laina nts Petition under section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminal Petition, the High court may be pleased to call for the records relating to the proceedings in crime No. 6 of 2025 on the file of the Police Station Venkatapuram, Mulugu District, and to quash the same. lA No.2 ot 2O25 Petition under section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminal Petition, the High court may be pleased to grant interim stay of all further proceedings including arrest of the petitloner herein in 6onnection with Crime No. 6 of 2025 on the file of the Police Station Venkatapuram, I\/ulugu District, pending disposal of the Criminal Petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petitibn and upon hearing the arguments of Mr. Gajanand Chakravarthi, Advocate for the Petitioner and the Assistant Public Prosecutor for the Respondent No.1 and none appeared forthe Respondent No.2 The Court made the following: ORDER: i-t HON'BLE SRI JUSTICE J. SREE NIVAS RAO CRIMINAL PETITION No. 806 of 2025 ORDER: This Crirninal Petition is filed under Section -528 of Bharatiya \agarik Suraksha Sanhitha, 2023 (tor shod ,,BNSS,,) by the petiticner/accused No.1 seeking to quash the proceedings in Crime Nc,.6 of 2025 of P.S. Venkatapuram, Mulugu District, registered frrr the offence under Section 329(3) of Bharatiya Nyaya Sanhitha,2023 (for short "BNS")

#2. Heard Sri Ga.janand Chakravarthi, learned counsel for the petitioner an,l learned Assistant Public Prosecutor appearing for I I the State ar.rd perused the record. t I

#3. Though this petition is filed for quashing the pr.oceedings in the criu'rc, during the course of arguments, Ie arned counsel for petitioner has sought for directions to the police to proceed with investigation by issuing notice under Section 35(3) oi Bharatiya Nagarik Suraksha Sanhita (BNSS) (previously Section 4l_A of Cr.P.C.). l I I I i I i i i 2

#4. In view of the above, without goirrg into rnerits of the matter, this criminal petition is disposed of directing the Police concerned to proceed with the investigation in the above crime after issuing notice under Section 35(3) of BNSS (Previously Section 41-A of Cr.P.C.) to the petitioner and they shall also follow the guidelines of Hon'ble Supreme Court in Arnesh Kumor v. State of Bihar and anothert. 1'he petitioner shall co- operate with the Investigating Off rcer in concluding the investigation. Pending miscellaneous applications, if any, shall stand closed To, //TRUE COPY// Sd/. N. SRIHARI ASSISTANT REGISTRAR SECTION OFFICER

#2. J, 4_ TheAdditionalJudicialMagistrateofFirstClassatltiluluguDistrict The Station House Officer, Venkatapuram Police Station' Mulugu District One CC to tvlr. Gaianand Chakravarthi' Advocate (OPuC) Two CCs to PUBLIC PROSECUTOR (TG) High Court for the state of Telangana 5- Two CD CoPies ' 1zo r+y t scc zz: HIGH COURT DATED: 29.01.2025 ORDER CRLP.No. 806 of 2025 .-j-::::i\ :it.r ar' o 31 J|; i[[5 'I .2, ,..r J/ \ t-- t :t .t '. DISPOSING THE CRIMINAL PETITION ) A>.; \