Judgment · High Court
Case at a glance
Outcome
Disposed of
With this direction, this Criminal Petition is disposed of
Provisions considered
Key paragraphs
- Para 88. With this direction, this Criminal Petition is disposed of. Pending miscellaneous applications, if any, shall stand closed. //TRUE COPY// SD/-V.KAVITHA D P ry REGISTRAR c ON OFFICER To, I I 1 The Judiciat First Class Magiskate at Zaheerabad. ? Jhu 9tlt'9n-!1gqse Officer, koheer potice…
Judgment
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 quash the crime registered vide impugned FIR No. 13 of 2025, dt. 23.01 .2025 registered U/sec. 280 of BNS and sec 1 5, 16 EP Act on the file of P.S. Koheer , Sangareddy District, Telangana, in the interest of justice. l.A. NO: 2OF 2025 Petition under Section 482 of Cr.P .C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant stay of all further proceedings including stay.of arrest in furtherance of the crime registered vide FIR No. 13 of 2025, dt.23-01.2025 registered Ulsec.23.01.2025 on the file of P.S..S. Koheer, , Sangareddy District, Telangana, in the interest of justice. This Petition coming on for hearing, upon perusing the Mernorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri PRUDHVI RAJ MUDUNURI ,Advocate for the Petitioner and SRI. JITHENDER RAO VEERAMALLA, Additional Public Prosecutor on behalf of the Respondent No. 't. The Court made the following: OROER I / i/ / THE HOI\IOURABLE SRI JUSTICE N.TUKAR,AMJI CFIIMINAL PETITION No.5446 OF 2025 ORDER This Crimina' Petition is filed under Section 528, of Bharatiya Nagarik Suraksha Sanhita, 2023 (tor short 'BNSS, 2023') seeking quashment of the prresssdings in Crime No.13 of 2025 of Koheer Police Station, Sangareddy District, against the petitioners-accused Nos.1 and 2
The petitioners are arayed as accused Nos.1 and 2 in Crime No.13 of 2025 regis,t:ered for the offences punishable under Sections 280 BNS and Sections 'l 5, 16 of Environment (Protection) Act, 1986
Heard Mr.M.l)rudhviRaju, learned counsel for the petitioners, Mr.Jithender Rao "/eeramalla, learned Additional Public Prosecutor appearing for the re-qpondent No.1-State.
Learned Counsel for the petitioners would submit that though the petitioners are determined to see the process through arrd the alleged offences are punishable with an imprisonment of less than seven years, the Police concerne,l have not issued any notice under Section 35 (3) of BNSS 2023, as s;uch, the petitioners are apprehending coercive measures against Ihem. Learned Counsel further submits that the petitioners are ready to cooperate with the investigation, hence prayed for \ I necessary directions for issuance of notice as per law. I 1 \ 2 NrR,/ CrlP.No. 5446 0J 2025
Learned Additional Public Prosecutor submits that notice under Section 35(3) of BNSS has been served on 25.01.2025, however, the petitioners/accused Nos.1 and 2 is not available. 6.
Having regard to the fact that the alleged offences are punishable I have perused the materials on record. with an imprisonment below seven years and as the petitioners are ready to engage themselves in the process, without going into merits of the matter, the petitioners are directed to appear before the SHO, Koheer Police Station, on 03.05.2025, whereupon, the lnvestigating Officer shall issue fresh notice on the petitioners under Section 35 (3) of BNSS, 2023 in Crime No.13 of 2025 and take up further proceedings as per the guidelines of Arnesh Kumar v. Sfate of Biharl scrupulously. ln unison, the petitioners are directed to cooperate with the investigation.
Operative part
With this direction, this Criminal Petition is disposed of. Pending miscellaneous applications, if any, shall stand closed. //TRUE COPY// SD/-V.KAVITHA D P ry REGISTRAR c ON OFFICER To, I I 1 The Judiciat First Class Magiskate at Zaheerabad. ? Jhu 9tlt'9n-!1gqse Officer, koheer potice Station, Hyderabad. 3' Two cc to pUBLrc pRosEcuroR, High court for ihe state of rerangana touTl 4. One CC to SRl. PRUDHVT RAJ MUDUNURI Advocate tOpUCl 5. Two CD Co I PM/gh t (2014) 8 scc 273 HIGH COURT DATED:221A4.12025 ORDER CRLP.No.54,46 of 2025 ).. \ i,: t 1 I [tI ?[25 * :l)' DISPOSING OF THE CRIMINAL PETITION @
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: With this direction, this Criminal Petition is disposed of
Which statutory provisions did this judgment involve?
Bharatiya Nagarik Suraksha Sanhita, 2023 — ss. 35(3), 528; Bharatiya Nyaya Sanhita, 2023 — s. 280; Environment (Protection) Act, 1986.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.