Katkam Sai Pradeep v. The State of Telangana
Case at a glance
Provisions considered
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 proceedings in FIR No. 102 of 2025 on the file of SHO, PS Echoda, Adilabad District against the petitioner/Accused No. 1. l.A. NO: 2OF 2025 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 STAY all further proceedings in FIR No. 102 of on the file of SHO, PS Echoda, Adilabad District including the arrest of the petitioner/ accused no.1, pending disposal of the above criminal petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri ABHILASH SONTAKE ,Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No. 1 and none appeared for the Respondent No.2. The Court made the following: ORDER L ORDER TIIE HONOURABLE SRI JUSTICE N.TUKAR,AMJI CRIMINAL PETITION No. 7239 OF 2025 This Criminal Petition is filed under Section 52 3 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS, ii023') seeking quashment of the proceedings in Crime No.1 02 of 2025 of Echoda F'olice Station, against the petitioners.
The :etitioner is arrayed as accused No.1 in Crlme No.102 of 2025 regish.'red for the offences under Sections 78 and 351 (2) rlw.3 (5) of Bharatiya Nyaya Sanhita, 2023 ('for short 'BNS, 20113').
Hear,i Mr.Abhilash Sontake, learned counsel for the petitioner and Mr.Jitnender Rao Veeramalla, learned Additional Public Prosecutor ilppearing for the respondent No.1-State
Learrred counsel for the petitioner respectfully submits that notice under Section 35 (3) of BNSS, 2023 was rot served on petitioner/ac cused No.1 . Although the petitioner is fully committed to cooperating with the investigative process, he is apprehensive of potential cor)rcive action being taken against him. This ()oncern arises from the fart that, despite the alleged offence being pun shable with imprisonment for a term less than seven years, the investigating police authority ha s not yet issued any notice under Section 35(3) of BNSS, )
2023. lt is further submitted that the petitioner has no intention of evading the investigation and is willing to extend full cooperation to the authorities. ln light of these circumstances, learned counsel prays that appropriate directions be issued to the concerned police officials to proceed in accordance with law by issuing a notice under Section 35(3) of the BNSS, 2023, thereby safeguarding the petitioner from any unwarranted coercive measures.
Learned Additional Public Prosecutor as per his instructions submits that notice under Section 35 (3) of BNSS, 2023 has been served on the petitioner.
I have perused the materials on record
Considering that the alleged offences are punishable with imprisonment for a term less lhan seven years, and in view of the petitioner's willingness to participate in the investigative process, and having regard to the submission of learned counsel for the petitioner that notice has not been served, the petitioner is hereby directed to appear before the Station House Officer (SHO), Echoda Police Station, on or before 25.06.2025. Upon such appearance, the lnvestigating Officer shall issue notice to the petitioner under Section 35(3) of the BNSS, 2023, in connection with Crime No.'102 of 2025, and shall oroceed further strictly in accordance with the guidelines laid down by 3 the Hon'blt, Supreme Court in Arnesh Kumar v. State cf Bihar' [(2014) B SCC 27.)1. Simultaneously, the petitioner is directecl to extend full cooperatiotr to the lnvestigating Officer during the course of the investigaticn.
With this direction, this Criminal Petition is dispos:d of Pen, iing miscellaneous applications, if any, shall r;tand closed. //TRUE COPYII Sd/. MOHD. ISMAIL DEPUTY REGISTRAR \ J CTION OFFICER \ The Station House Officer, Echoda, Adilabad District. One CC to SRl. ABHILASH SONTAKE Advocate [OPLiC] Two CCs .o Sri. Public Prosecutor, High Court for the State of Telangana Two CD Copies To, 1 2 'l 4 DDN/GR w I HIGH COURT DATED:18t0612025 ,a, /,/ _) .1 _:-:-:. --. 18 SEP 2O?5 .4 ) -2 ORDER CRLP.No.7'239 of 2025 DISPOSIN(i THE CRIMINAL PETITION o# trt-
Precedent status how later indexed judgments have treated this case
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