Hyderabad v. Telangana

#3. Chillamcharla Hari Krishna, S/o. Chillamcharla Lingaiah, Aged about 53 years, Occ. Business, Ryo.20-65, Sri Kodandarama Nagar Colony, Back side Sharada Theater, Dilsukh Nagar, Saroornagar, P and T Colony, Rangareddy, Telangana State-500060

#4. S. Dharmendhar reddy, S/o. S Venkat Reddy, Aged about 48 years, Occ, Business, No. 9-7-3041202, Pooja Estates, Maruthi Nagar, Saidabad, Hyderabad, Telangana State-500059. ...Petitioner No.3/A-3

#5. Babji Kollipara, S/o. Late Venkatswara Rao, Aged about 48 years, Occ. Business, Rr/o. D.No.8-3-224l8lAl 1 , flat No.202, Ram residency, G-101 , Opp. Prathibha High School, Madhura Nagar, Meerpet, Sanjeev Reddy Nagar, Hyderabad, Telangana State-500038. ...Petitioner No.4/A-4 ...Petitioner No.5/A.5 AND 1 The State of Telangana, Rep. by its Public Prosecutor, High Court of Judicature at Hyderabad, For the state of Telangana and ihe State of Telangana ...Respondent 2 Sujatha Chharia, W/o Jai Prakash Chharia, Aged years, Occ. Bussiness, R/o 5-9-41 /A.Kailash Enclave Building, Flat no.301 , Basheerbagh Hyderabad. ...Respondent No.1/ Complainant Petition under Section 528 of BNSS Act, 2023 praying that in the circumstances stated in the Memorandum of Grounds of criminal petition, the High Court may be pleased to quash the impugned F.l. R.No.380/2024 dated 1511012024, on the file of the SHO, SATFABAD potice Station, Hyderabad for the offenses under Sections 318(4),336(3) ,340(2), r/w 3(S) of BNS by hotding the same as illegal, arbitrary and contrary to the provisions of BNSS. l.A. NO: 2 OF 2o2s Petition under Section 528 of BNSS Act, 2023 praying that in the circumstances stated in the Memorandum of Grounds of criminal petition, the High court may be pleased to grant a stay of all further proceedings including the arrest of the petitioner in F 1.R.No.38012024 dated 1sl1ol2o24, on the file of the SHO, SAIFABAD Police Station, Hyderabad, pending disposal of the above quash petition- This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of sri shashikanth B, Advocate for the Petitioner and sri Jithender Rao Veeramalla, Additional public Prosecutor on behalf of the Respondent No.1 and none appeared for the Respondent No.2. The Court made the following: ORDER I HON'BLE SMT. JUSTICE JUWADI SRIDEVI CRIMIN AL PETITION No.846 of 2025 ORDER: Petitioners, who are arrayed as accused Nos.2 to 5, in Crime No.380 of 2024 of Saifabad Police Station, Hyderabad, registered for the offences under Sections 318(a), 336(3), 340(2) r/w 3 (5) of BNS, are seeking to quash the proceedings against them.

#2. Heard Sri B.Shashikanth, learned counsel for petitioners and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the State and perused the record.

#3. Though this petition is filed for quashing the proceedings in the crime, during the course of arguments, learned counsel for petitioners 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 4l-A of Cr.P.C.). I I 2

#4. In view of the above, without going into merits 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 petitioners, if their names are found out in the FIR and they shall also follow the guidelines of Hon'ble Supreme Court in Arnesh Kumar v. Stote of Bihar and anothert. However, the petitioners shall submit their 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 shall consider the same before filing appropriate report before the learned Magistrate concemed. \ To, Pending rniscellaneous applications, if any, shall stand closed. tU"1+ Scc-L?) ,TRUE COPY// SD/. L LAKSHMI BABU, ASSISTANT REGISTRAR. \\ 0 V SECTION OFFICER .l.ThelAdditionalChiefJudicialFirstClassMagistrateatHyderabad 2. The Station House Officer, Saifabad Police Station' Hyderabad 5. f*. CC. to tf,u public Prosecutor, High Court for the State of Telangana at Hyderabad [OUTI a. One CC to Sri Shashikanth B, Advocate IOPUC] 5. Two CD Copies 4^--' HIGH COURT DATED:2410112025 ORDER CRLP.No.846 of 2025 H1 F- I T E. o o 24 ir[ 2ffi v Z c) * o E os A.T c e() -5 I DISPOSING OF THE CRLP I I E ), \