P. N. Suresh, Sio. P.N. Venkata Siva Sharma v. Mude Suneel
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), 52, 528
- Bharatiya Nyaya Sanhita, 2023 ss. 4, 31, 316(2)
Key paragraphs
- Para 77. Considering that the alleged offences are punishable with imprisonment for a term less than seven years' and in view of the petitioners' wlllingness to participate in the investigative process' the petitioner is hereby directed to appear before the Station House Officer (SHO), Narsingi Police…
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 Stay all the proceedings including arrest of the Petitioner/ Sole Accused in Crime No. 1242 ol 2025 of P.S., Narsingi, Cyberabad in the interest of justice. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri K Giridhar Raju, Advocate for the Petitioner and Sri Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Respondent No.'1 and none appeared for the Respondent No.2 The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETIT ION No. 931 3 0F 202s ORDER This Criminal petition is filed under Section 52g of Bharatiya Nagarik Suraksha Sanhita, 2023 (tor short ,BNSS, 2023,) seeking quashment of the proceedings in Crime No.1242 of 2025 of Narsingi Police Station, Cyberabad, against the petitioner_accused.
The petitioner is arrayed as accused in crime No.1242 0f 2025 registered for the offences under Sections 31g(4), 316(2) of Bharatiya Nyaya Sanhita, 2023 (for'short ,BNS, 2023,).
Heard Mr. K. Giridhar Raju, learned counsel for the petitioner_ accused 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 cooperating with the investigative process, he is apprehensive of potentiar coercive action being taken against him. This concern arises from the fact that, despite the alleged offence being punishable with imprisonment for a term less than seven years, the investigating police authority has not yet issued any notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). lt is further submitted that the petitioner has no 2 intention of evading the investigation and are 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 I from any uriwarranted coercive measures-
Learned Additional Pubiic Prosecutor opposed the petition I have perused the materials on record
Operative part
Considering that the alleged offences are punishable with imprisonment for a term less than seven years' and in view of the petitioners' wlllingness to participate in the investigative process' the petitioner is hereby directed to appear before the Station House Officer (SHO), Narsingi Police Station, Cyberabad, 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 '1242 ol 2025 ' and shall proceed further strictly in accordance with the guidelines laid down by the Hon'ble Supreme Court in Arnesh Kumar v- Sfate of Bihar' [(2014) 8 SCC 273]. Simultaneously, the petitioner is directed to extend full cooperation to the lnvestigating Officer during the course of the investigation. ) B With this direction, this Criminal petition is disposed of. Pending miscellaneous applications, if any, shall stand closed SD/. A.V.S.PRASAD DEPUTY REGISTRAR //TRUE COPY// S CTION OFFTCER To,
The Xlll Judicial First Class Magistrate, Rajendranagar, Cyberabad. 2. The Station House Officer, Narsingi Police Station, Cyberabad 3. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad (OUT)
4. One CC to Sri K Giridhar Raju, Advocate [OPUC] 5. Two CD Copies lvrtt..' ABK/PSL HIGH COURT DATED: 24107t2025 ORDER CRLP.No.9313 ot2025 ^. i) :) )i 1 ?. o ( j14j ( 3 1 JIJL 2ffi * D t-.sr 4TC H r'--' c. I DISPOSING OF THE CRIMINAL PETITION 1 nq\
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), 52, 528; Bharatiya Nyaya Sanhita, 2023 — ss. 4, 31, 316(2).
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.