Criminal Petition No. 8033 of 2025 · Telangana High Court
Case at a glance
Outcome
Disposed of
With this direction, this Criminal Petition is disposed of
Provisions considered
- Bharatiya Nagarik Suraksha Sanhita, 2023 ss. 35(3), 528
- Bharatiya Nyaya Sanhita, 2023 ss. 292, 351(2), 353(1Xb)
Key paragraphs
- Para 88. With this direction, this Criminal Petition is disposed of Pending miscellaneous applications, if anY, sha_llrstand closed' SD/. L. LAKSHMI BABU DEPUTY REGISTRAR //TRUE COPY// To, J SECTION OFFICER
Judgment
AND 1. The State of Teldngana, Rep- by Public Prosecutor' High Court of Telangana HYderabad: T.RE'P'NDENT No'1 2. E. Bhargav Reddy, S/o. E Nagireddy, A/a 34 Yrs Occ- Business' Rl/o H'No' 9-66'1 , lndira colonv, 6rEr stt niiiim Sclroot, gth Waro' Kangiri' Prakasam Andhra Pradesh - 523230' ... DEFACTO COMPLAINANT /RESPONDENTS Petition under Section 528 of BNSS piaying that in the circumstances statedintheMemorandumofGroundsofCriminalPetition, the HighCourtmay quash all further proceedings of-the FIR/ Crime No' '114812024 il';;r;"J1" dit[iiiiottio24 on the file of the Gachibowli PS, Cyberabad Commissionerate' CVt*rUrO District againsi th" Putitioner/ Accused-No 1 herein by call for records. t.A. NO:2OF 2025 PetitionUndersection4S2ofCr.P.Cprayingthatinthe.circumstances statedintheMemorandumofGroundsofCriminalPetition, the. HighCourtmay to stay all further froceedings. inflR/Crime f'lo' 114812024 dated il';;;."J zi.ol .znzn on the file of the' Gachibowti ps, cyberabad commissionerate, cvu".u,uDistrictagainstthePetitioner/Accusedhereinincludingappearance pending disposal of the present Criminal ,iJ Petition. of petitio-neri -"i*.t -nccuseo, This Petition comirrg on for hearing, upon perusing the Memorandum of Grounds of criminar petition and upon hearing the argurnents of Mr.yash Gandhi, Advocate for the petrtioner and Mr. Jithender Rao Veeramara, Additionar Pubric pros ecutor, High court for the State of rerangana, Hyderabad on behalf of the Stater Respondent No.1 . The Court made the following: ORDER: THE HONOURABLE SRI JUSTICE N.TUKARAMJI '' CRIMINAL PETITION No.8033 OF 2025 ORDER This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (Ior short 'BNSS, 2023') seeking quashment of the proceedings in Crime No.1148 ol 2024 of Gachibowli Police Station, Cyberabad Commissionerate, Cyberabad District, against the petitioner.
The petitioner is arrayed as accused in Crime No'1148 of 2024 registered for the offence under Sections 292, 353(1Xb), 351 (2) of Bharatiya Nyaya Sanhita, 2023 (for short'BNS, 2023')'
Heard Mr.Yash Gandhi, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent No.1-State.
Learned counsel for the petitioner respectfully submits that although the petitioner is fully committed to cooperate with the investigativeprocess, heisapprehensiveofpotentialcoerciveaction being taken against him. This concern arises from the fact that, despite the alleged offences being punishable with imprisonment for a term less than seven years, the investigating authority has not yet issued .any notice under Section 35(3) of the Bharatiya Nagarik Suraksh\ 2 Sanhita, 2023 (BNSS). lt is further submitted that the petitioner has no intention of evading the investigation and he is willing tc extend full cooperation to the authorities. ln light of these circumstarces, learned counsel prays lhat appropriate directions be issued to the concerned police officials to proceed in accordance with law by issuing a notice under Section :15(3) of the BNSS, thereby safeguarding the petitioner from any unwarranted coercive measures.
Learned Additional Public Prosecutor opposed the petition I have perused the materials on record
Considering the fact that the alleged offences arer punishable with imprisonment for a term less than sevbn years, and in view of the petitioner's willi.rgness to participate in the investigative process, the petitioner is he'eby directed to appear before the Gachibowli police Station, Cyberabad Commissionerate, Cyberabad District, within one week from the date of receipt of a copy of this order. Upon such appearance, the lnvestigating Officer shall issue notice to the petitioner under Section 35(3) of the BNSS, in connection with Crime, No.1148 of 2024, and shall proceed f0rther strictly in accordance with the guidelines laid down by the Hon'ble Supreme Court in Arnesh Kumar , v. State of Biha/,. Simultaneously, the petitioner is directed to extend I ' (2014) 8 SCC 273 ,,/ 3 full cooperation to the lnvestigating Officer during the course of the investigation
Operative part
With this direction, this Criminal Petition is disposed of Pending miscellaneous applications, if anY, sha_llrstand closed' SD/. L. LAKSHMI BABU DEPUTY REGISTRAR //TRUE COPY// To, J SECTION OFFICER
The X Additional Metropolitan [Vlagistrate Kukatpally, Hyderabad. 2. The Station House Officer, Gachibowli Police Station, Hyderabad. 3. One CC to Sri. Yash Gandhi, Advocate [OPUC] 4. One CC to the Public Prosecutor, High Couft for the State of Telangana, Hyderabad [OUT]
Two CD copies. PSK /PSL I l & HIGH COURT DATED:021A7 t?.02s ORDER GRLP.No.8033 rrf ZOZ1 Ht)l l[\ ?t?5 ,7 * ,.: 'i.-l',-- & DISPOSED OF THE CRIMINAL PETITION tLl
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 — ss. 292, 351(2), 353(1Xb).
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.