Judgment · High Court
Case at a glance
- Bench
- N TUKARAMJI
Provisions considered
- Bharatiya Nagarik Suraksha Sanhita, 2023 ss. 35(3), 528
- Bharatiya Nyaya Sanhita, 2023
- SC ST POA Act, 2015 ss. 3(1)(r)(s), 3(2)(Va)
Judgment
Cause title
Ramagundam District, Rep. by its Public Prosecutor High Court for the State of Telangana at Hyderabad. ..Petitioner
/A4
2. Pothula Thirumalesh, Sio Ramesh, Aged about 17 years, Occ Student, minor, Rep by father Ramesh, R/o.Jaffernagar CCC Naspur, lVlancherial Mandal and District, Telangana. ...RespondenUComplainant Petition under Section 528 of BNSS praying that in the circumstances stated in the JVlemorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings in FIR in Cr. No.'102l2O25, dated 1110412025, on the file of CCC Naspur Police Station, Ramagundam District, for the offence U/S 296(b), 115(2), 137(2) r/w 3(5) of BNS, Sec. 3 (2) (Va), 3(1) (r) (s) of SC ST POA Act 2015 Act against the Petitioner/A4. I l.A. NO: 2 OF 2025 Petition under Section 482 ol Cr.P .C praying that in the circumstances stated in the l/lemorandum of Grounds of Criminal Petition, the High Court may be pleased to grant stay of all further proceedings including appearance/arrest of the Petrtioner/A4 in FIR in Cr.No.10212025, dated 1110412025, on the file of CCC Naspur Police Station, Ramagundam District, for the offence U/S 296(b), 115(2),137(2),r/w 3(5) of BNS,3 (2) (va),3(1X0 (s) SC ST POA Act 2015. / This Petition c c,ming on for hearing, upon perusing the l\4r,>morandum of Grounds of crimrrr rl l)etrtion and upon hearing the arguments o1 sri Banavath Nageshwar Ra : t\ I vocate for the petitioner and the S ri . ithender Rao Veeramalla, Addiic n I F,ublic Prosecutor on behalf of the Resp:n,jent No..1 and none appeared 1or lr : Respondent No.2. The Court made thr) rollowing: ORDER HONOURABLE SRI JUSTICE N. TUKARAMJI
CRIMINAL PETITION NO.6861 of 2O25
ORDER:
This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS, 2023') seeking quashment of the proceedings in Crime No. 102 of 2025 of CCC Naspur Police Station, Mancherial District against the petitioner'
Heard Mr. B.Nageshwar Rao' learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent No. 1-State.
The petitioner is arrayed as an accused No 4 in Crime No 102 of 2025 registered for the offences punishable under Sections 296(2)' \ I 115(2\, 137(2) r/w 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short 'BNS, 2023') and Section 3(2XVa),3(1X r )(s) of SCs/STs (POA) Act,20'15.
Learned counsel for the petitioner would submit that though the petitioner is determined to see the process through and the alleged offences are punishable with an imprisonment below seven years, the Police concerned have not issued any notice under Section 35 (3) of BNSS, 2023, as such he is apprehending coercive measures against him. He further submits that the petitioner is ready to cooperate with the investigati<.rn, hence prayed for necessary directions for issuance of notice as per law. I I I i t t I I t I 2
6. 7. I ea'r ,:d ,'\dditional Public Prosecutor opposed the petttion. I ha, ,; [re-used the materials on record. fl21v rrr; tegard to the fact that the alleged 'lffcrnces are punishabl= b:lor,v seven years and as the petitioner is ready to engage himself in h ) process, the petitioner is directed to appear before the SHO, O(l( \ra!;pur Police Station, lvlancherial District cn or before
18.06.202f , r,lhereupon, the lnvestigating Officer shall sr; ut' notice on the petiti, rr'<' urrder Section 35 (3) of BNSS, 2023 in Crirne No.102 of ttp further proceedings as per the guidelin:s of Arnesh 2025 anc.l ':i€) Kumar v. ,\tate of Biharl . ln unison, the petitioner is directed to cooperatE a,i .h tne investigation.
\/Viil tr s Cirection, this Criminal Petition is disposec o-. [)c'n: i rg miscellaneous applications, if any, shall stancl closed. //TRUE COPY// S]/-MOHD. ISMAIL DEI'UTY REGISTRAR SE(,:TION OFFICER t I l I I To, Ramagtlnrl lr-t '1 . The '1'1 ,\r-ldrlilnat Judicial First C lass-tvlagistrate at l'i4ancheri::I 2 The Statron o,t" 6jio"i Cty cvir Couit Naspur P:lice S'ta"ion' 3. Two CCs tr t re Public Prosecutor' High Court for the Stat€' or Telangana at 4 6,n; C'ii; l; i-Binavatn Nageshwar Rao' Advocate [oF L c] Hvderat)a'i I( )'Jl I ll( ;. Two cLr (:;( t) es /*i4!.'' U. NVB/gh I (2O1.ll S :- . (l 2-'3 HIGH COUR-I DATED:1 1l0iil2025 ORDER CRLP.No.68lll of 2025 i tr,t Sf4f c. ,., 7o' i lLiN 2m i: ), t * ,,-'c t i THIS CRIMINAL PETITION IS DISPOSED ()F { 16 7 L- L
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