The High Court · 2025

Sri Sharath Kumar Gurappa, S/o' Joshua- G-uraqqq' Aged about 35. Years' 6J"-'c*"t"iir"nt Erpi.iv..' R/o A-248, BDL Township' Bhanoor' Sangareddy-502305 ... Petitioner/Accused AND

1. The State of Telangana, Rep. by its Public Prosecutor' High Court at Hyderabad.

2. Sri Suvarna SriPad, S/ House Husband, R/o. SangareddY District. o. Sri Chandra Shekar, Aged about 43 Years' Occ H.f.to.O+Ol 1 , Ameenpur Mandal Bhavanipuram Village' ...Respondents/De facto Complainant PetitionunderSection52SofBNSSprayingthatinthecircumstances StatedintheMemorandumofGroundsofCriminalPetition,theHighCoUrtmay Ue pteaseO to Quash proceedings in Crime 19 27 of 2O25 of PS Bhanoor' SangareoOy District (on the fib ;f the I Additional Junior Civil Judge Cum I AJOit.nrr iudicial Magistrate of First Class at Sangareddy) pending against the Petitioner/Accused t.A. NO: 2 OF 2025 -pLr..O Petition under Section 528 of BNSS praying that in the circumstances StatedintheMemorandumofGroundsofCriminalPetition.theHighCourtmay to stay all further proceedings in Crime No 27 of 2025 of PS O. ghrnoor. Sangareddy Oiitrict (on the I Additional Junior Civil Judge Cum I Additional Judicial Magistrate oi First Class at Sangareddy) pending agarnst the petitioner/Accused, iniluding the arrest of the Petitioner/Accused pending disposal of the above Criminal Petition 't .,. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminar petition and upon hearing thb arguments of sri -i.-or"..n, JEERIP.THULA sRINrvAS, Advocate for the petitioner and sri Assistant Pubric prosecutor (TG) on beharf of the Respono"ni ruo i";*on" appeared for the Respondent No.2_ The Court made the following: ORDER THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.347O of 2o25 ORAL ORDER: This Criminal Petition is frled under Section 528 of BNSS praying to quash the proceedings initiated against the petitioner/ accused in Crime No'27 of 2C25 before the Bhanoor Police Station, Sangareddy District, on the file of the I Additional Junior Civil Judge cum I Additional Judicial Magistrate of First Class, at Sangareddy, registered for the offences punishable under Sections 126, 127,131, 351 of BNS, and 173(3) of BNSS' The limited grievance of petitioner is in connection with the order dated 79.12.2024 passed by the trial Court, referring the complaint hled underSection223ofBNSS,directingtheSHo.,toregisterCaSe and investigate the matter

2.HeardSriJ.Srinivas,learnedcounselforpetittoner, and Sri E.Ganesh, learned Assistant Public Prosecutor. appearing for respondent No. 1 - State' No representation on behalf of respondent No.2-

3. Learned complaint lvas counsel for the petitioner submitted that the hled by respondent No.2 against the petrtroner i I 2 SKS,J Crl.P.No.3470 of2O2S under Section 170 of BNS read with 223 of BNSS and without following the due procedure as contemplated in Section 175 of BNSS, the trial Court passed the order referring the matter to sHo., for investigation. Therefore, he prayed this court to set aside the order dated 19. 12.2024 referring the matter to the SHO., for investigation q On the contrary, learned Assistant public prosecutor for the respondent No.l _ State, vehemently opposed the submissions made by learned counsel for petitioner, and submitted that on receipt of complaint from de facto complannant, the concerned Court passed order referring the matter to the SHO., for investigation, as such, a case was registered against the petitioner uid.e Crime No.27 of 2025 and that there are no illegalities or infirmities in the same. Therefore, prayed this Court to dismiss the Criminal Petition. 5' Having regard to the rivar submissions made, and on meticulously perusing the complete order of the trial Court, would show that no noticc u,as issucd to SHO., and due procedure as contemplated under Section 175 of BNSS was not followed, as the same manda[es that before referring the matter to SHO., the 3l 3 SKS.J Crl.P.No.3470 of 2O25 concerned. Court has to enquire with SHO'' by issuing notice' so as to file rePort. it is relevant to extract the provisions of 6. That being so, Section 175 of BNSS, that are to be followed in a complaint irled under Section 223 of BNSS: '175. Police ofFrcer's power to investigate cognizable case- (1) Any ofhcer in charge of a police station may' without the order o[ a Magistrate, investi8ate any cognizable case which a Court having jurisdiction over the local area within the timits of suctr station would have power to inquire into or tr5' under the provisions of Chapter XIV: Providecl that considering the nature and gravity of the offence, the Superintendent of Police may require the Deputl' SuPerintendent of Police to iflvestigate the case' (2) No proceeding of a police oll-lcer in any such case shall at any stage bc catted in question on the ground that the casc was one which such oUicer was not empowered under this scction to investigate' (3) Any Magistratc empowered under section 210 may' after considering the application supported by an aflrdavit made under sub section (4) of section 173' and after 4 SKS.J Crl P.No.3470 of 2O2S making such rnquiry as he thinks necessary and submission made in this rega rd by rhe police officer, order such an investigation as above_mentioned. (4) Arry Magistrate empowered under section 2lO, rrray, upon receiving a complaint against a public servant ansrng in course of the discharge of his official duties, order investigation, subject to-(al receiving a report containing facts and circumstances o[ the incident from the officer superior to him; and(bl after consideration of the assertions made by the pubtic servant as to the situation that led to the incident so alleged."

1. Reverting to the facts of the present case, it is seen that as per Section 17S(3) of BNSS, it is made clear thar a Magistrate who has authorit5z under Section 2 l0 has Lhc pou,er to direct an investigation, and the same can be made after the Magistrate revrews an application supported b-v an affidavrt, as outlined in sub-Section (4) of Section lZ3 of BNSS. In other words, before issuing such an order, the Magistrate may conduct inquiries as necessary and consider the submissions presented by the police Offrcer. The said process ensures that investigations are carried out under judicial supervision, maintaining fairness and adherence to legal procedures. However, it is evident that the said procedure was not follor,r,ed b1, the trial Court in Lhis case. That being so, the Etq-!Fl*-q*-,t*7 5 SKS,J Crt.P.No.3470 of 2025 order passed by the trial Court dated lg '12 '2024 is liable to be set aside. Accordingly, this Criminal Petition is disposed of' setting i. aside the order dated 19.12'2024 passed by the trial Court and directing the trial Court to consider the complaint frled by 2"d respondent afresh by fotlowing the procedure as contemplated under Section 175 of BNSS. Miscellaneous applications, if any pending' shall also stand closed \ To, 1 - L. VIJAYA LAXMI S TANT REGISTRAR ,/TRUE COPY// CTION OFFICER The I Addl Judicial First Class Magistrate' Sanga Sanoareddv. , The-station House Off icer' Bhanur Police.S^tation' Sang-ar99dy'Dist' 5. o iz "i3' i".i s aI i"e"e c ip 5 i n u G S n r r.r r vns, Ad vocate {o P u c I 4. Two CCs to the puurrc plose"cu"toi ilgn Cotirt of Telaniana at Hyderabad dy Court at Two CDs CoPies 5 SM/gh Yk. HIGH COURT DATED: 2gtO4tZOZs { ORDER CRLP.No.3470 of 2O2S /\- , -) ,-)I r) I ir f HE S l'4 o Y 11 AUE M (\( 2 * sP4rcHr. DISPOSING OF THE CRIMINAL PETITION <1,oP<d Yk -$ou