The State of Telangana v. Stafe of Biha/

The State of Telangana, Rep by its Public Prosecutor, through Police Station Pangal, Wanaparthy District. High Court of State of Telangana, Hyderabad.

The Station House Officer, through Police Station Pangal, Wanaparthy District.

The District Manager, Telangana State Civil Supplies Corporation Ltd (TGSCSCL), Wanaparthy, Office at Dr.No.25, Ground Floor, lntegrated District Offices Complex, Wanaparthy-S09'103. ...RESPONDENT/DEFACTO-COMPLAINANT Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High qourt may be pleased to call for the records in the FIR No.43 of 2O25 dated 21 .03.2025 on the file of the Police Station Pangal, Wanaparthy District against the Petitioner i.e., Accused No.2 and quash the same, 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 stay all further proceedings including the arrest of the Petitioner in relation to Crime vide FIR No.43 of 2025 dated 21.03.2025 on the file of the Police Station Pangal, Wanaparthy District, pending disposal of the above Criminal petition r/ This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri GUJJULA UROHUSUOnN ,Advocate for the Petitioner and Mr, V.Jithender Rao Additional Publii: Prosecutor on behalf of the Respondent No1. and none appear for the Respondent No 2 and 3. The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITION No.9023 OF 2025 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.43 of 2025, on the file of Pangal Police Station, Wanaparthy District, against the petitioner- accused.

2. The petitioner is arrayed as accused in Crime No.43 of 2025, registered for the offence under Sections 318(4), 316(2), 316(5), 61 (2) of BNS Act and Section 7 of Essential Commodities Act 1955.

3. Heard [Vir.G.[Vladhusudan, 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 investigative process, he is apprehensive of potential coercive action 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 Suraksha 2 Sanhita, 2023 (BNSS). lt is further submitted that the petitioner has no intention of evading the investigation and he 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, thereby safeguarding the petitioner from any unwarranted coercive measures.

Learned Additional Public Prosecutor opposed the petition I have perused the mdterials on record

Considering the fact that the alleged offences are punishable with imprisonment for a term less than seven years, and in view of the petitioner's willingness to participate in the invesligative process, the petitioner is hereby directed to appear before the Station House officer, Pangal Police Station, Wanaprarthy 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.43 of 2025, and shall proceed further strictly in accordance with the guidelines laid down by the Hon'ble Supreme Court in Arnesh Kumar v. Stafe of Biha/,. I (2014) 8 SCC 273 ,7 J Simultaneously, the petitioner is directed to extend full cooperation to the lnvestigating Officer during the course of the investigation'