The High Court · 2025

11.Vadde Mahesh, S/o Vadde Srinivasulu, Age. 32 Years, Occ. Qusiness, R/o H.No 6-90, Atmbkur Village, Wanaparthy District. (Accused No 12)

12.Ragavender@ Vadde Raghu, S/o Sriniva.slu-Age. 26 Years, Occ. Business, Rlo-H.tto 7-49]AtmakurViiiage, Wanaparthy District (Accused No 13) l3.Kurumurthy @ Kanna, S/o Chandr3nnlAge.38,-Occ. Laboure R/o.HNo 17'74 Atmakur Village, Wanaparthy District. (Accused No 15)

14.Narasimha, S/o Ramulu Age.29 Years, Occ. Mestri R/o H.No'14-19 Atmakur Village, Wanaparthy District. (Accused No 16) ls.Vijayaranga Swamy @ Electrician (aty, S/o..Ramulu.Age.31. years, Occ. - EltJitiiciJi Rlo H.Nb i-4-30, Atmakur Viltage, Wanaparthy District. (Accused No 17)

16.Vadde Srrnjay Kumar @ DJ Sanjay, S/o Vadde Narshima Age. 19 Years, Occ. P vt Employee, R/o Atmakur Village, Wanaparthy District. (Accused No 18) 17.T R Lakshmikant, S/o. Krishnayya Age.29 Years, Occ. Agriculture R/o H.No1- 72 Arepe.lli Village, Atmakur Mllage, Wanaparthy. (Accused No 19)

18.Medari l,ravind, S/o Venkatesh Age.24 Years, Occ. Business, R/o H.No 'l t- 39, Atma.kur Village, Wanaparthy District. (Accused No 20) ...PETITIONERSTACCUSED No.l to 10,12, 13,15 to 20 AND

1. The State of Telangana, P.S.Atmakur, Hyderabad District, Through its Public Prosecutor, High Court Building, High Court, Hyderabad.

2. Sri Kalwakadi Ramesh, S/o Balaiah Aged about 42 Years, Occ. Police Constable Address. Presently serving duty at Atmakur Police station,lVanaparthy District ...RESPONDENT'COMPLAINANT Petition under Section 528 of BNSS, praying that in the circumstances stated in the lvlemorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings against the petitioners herein in Crime No.156/2025 of Atmakur Police Station, Wanaparthy District, registered for offences under Sections 196, 299, 126(2), 132,352,351(2),292,223 r/w 190 BNS and Section 30 of the Police Act, 1861 in the interest of justice and to pass any other ordr:r or orders as this court may deem fit and proper. 25 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 l-he Court may be pleased stay all further proceedings in Crime No.156/2025 of Atmakur Police Station, Wanaparthy District, registered for offences under Sections 196, 299, 126(2), 132,352,351(2),292,223 rtw jlO BNS and Ser:tion 30 of the Police Act, 1861, Hyderabad District in the interest of justice and pass such other order or orders may deem fit and proper in the circumstances of the case. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of C;riminal Petition and upon hearing the arguments of Sri Gajula prem Kumar, Advc,cate for the Petitioner and Mr. Jithender Rao Veeramalla. learned Additional Public Prosecutor on behalf of the Respondent No.1, None appeared for Respondt:nt no.2 The Court made the following: ORDER I I i THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMI PETITION No.l171 5 of 2O25 ORDER: 1. This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') seeking to quash the proceedings against the petitioners/accused Nos.1 to 10' 12, 13' 15 to 20 in Crime No.156 ol 2025 on the file of Atmakur Police Station, Wanaparthy District, registered for the offences punishable under Sections 196, 299,'126(21, 132, 352, 351(2), 292, 223 read with 190 BNS and Section 30 of Police Act, 1861.

2. Heard Sri G.Prem Kumar, learned counsel for the petitioners/accused Nos.1 lo 10, 12, 13, 't5 to 20 as well as Sri Jitender Rao Veeramalla, the learned Additional Public Prosecutor appearing for the respondent No-1-State.

3. Leamed counsel for the petitioners has restricted his submissions stating that a direction be issued to the Police to follow the procedure prescribed under Section 35 (3) of Bharatiya Nagarik Suraksha Sanhita, 2O23 (tor short'BNSS').

4. On the other hand, leamed Additional Public Prosecutor submitted that the punishment prescribed for the offences alleged againlt the petitioners is less than seven (07) years and has sought 2 ETD, J CrlP ll7l5 2025 for directions to the Police to proceed with investigation by issuing notice unrler Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short'BNSS').

5. Perused the record. The allegations pertain to the offences under Sections 196, 299, 126(2), 132, 352, 351(2),292, 223 read with 190 BNS and Section 30 of Police Act, 1861, which attracts punishmernt of less than seven years. Hence, without going into the merits of the case, this Court deems it appropriate to direct the petitioners/accused Nos.1 to 10, 12, 13, 15 to 20 to appear before the lnvestigating Officer on or before 22.09.2025 between 11:00 a.m. and 05:00 p.m. and in turn, the lnvestigating Officer is directed to follow th,: procedure laid down under Section 35 (3) of the BNSS (previous;ly section 41-A of Criminal Procedure Code, 1973) and also the guidr:lines formulated by the Hon'ble supreme Court of lndia in Arnesh Kumar v. Sfafe of Biharl scrupulousty. However, the petitioners/accused Nos.1 to 10, 12, 13, 15 to 20 shall submit their defense and co-operate with the lnvestigating officer as and when required by furnishing information and producing all relevant documents/material required for the purpose of investigation and the tlzor+; 8 scc 273 I 3 ETD, J CrlP I l7l5 2025 lnvestigating fficer shall consider the same and complete the investigation strictly in accordan@ with law. i

6. Accordingly the Criminal Petition is disposed of.

7. As a sequel, miscellaneous petitions, pending if any, shall stand closed. SD/-A. JAYASREE ASSISTANT REGISTRAR ,,TRUE COPY// CTION OFFICER To, '1 . The Judicial First Class Magistrate at Atmakur. 2. The Station House Officer, Atmakur Police Station, Wanaparthy District 3. One CC to Sri. Gajula Prem Kumar, Advocate [OPUC] 4. The Two CCs to the Public Prosecutor, High court for the state of Telangana, at Hyderabad [OUT]

5. Two CD Copies 4t;. SWT/PSL : ; i I I I I I I I I I I I I i t t i ,ii i t t I I I I I t I ' : I : I I I HIGH COIJRT DATED: 10/0912025 ORDER CRLP.No.11715 of 2025 ttHE STA ( 3 zl Jrll zozn :4. * ..,:79 '; 'r-i - THE CRIMINAL PETITION IS DISPOSED OF l> \v \l