Dharavath Dastagiri@ Vikram v. Hyderabad
Case at a glance
Outcome
Disposed of
this Criminal Petition is disposed of directing the petitioners_accused
Provisions considered
Key paragraphs
- Para 44. ln view of the above, without going into merits of the matter, this Criminal Petition is disposed of directing the petitioners_accused Nos.5 and 6 to appear before the lnvestigating Officer on or before 30.102025 between 11:00 a.m. and 05.00 p.m. and in turn, the…
Judgment
Cause title
2. Konakanchi Hariprasad,, S/o. Srinivas, Age 29 years, Occ. Medical Officer, UPHC(Urban Primary Health Center), R/o. Gopalapuram, Suryapet Dislrict, .. RESPONDENTS
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 Crime No. 287 of 2025, on the file of Station House Officer, Suryapet lTown PS, Suryapet District, against the Petitioners/Accused No. 5 and 6. l.A. NO: 2 OF 2025 Petition under Section 528 of BNSS., praying that in the circumstances stated in the lvlemorandum of Grounds of Criminal Petition, the High Cou( may be pleased to grant stay of all further proceedings in Crime No. 287 of 2025 on the file of SHO Suryapet I Town PS, Suryapet District including the arrest of the petitioners/ Accused No. 5 and 6 till the disposal of the Quash This Petition coming on for hearing, upon perusing the lvlemorandum of Grounds of Criminal Petition and upon hearing the arguments of
Sri ALLURI DIVAKAR REDDY, 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 THE HON'BLE SMT. JUSTICE JUWADI SRIDEVI CR IMINAL PETITION No.13110 ot 2025
ORDER:
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.5 and 6 in Crime No.2B7 of 2025 of I Town Police Station, Suryapet District registered for the offences under Sections 318(4), 125 read with section 3(5) of Bharatiya Nyaya Sanhitha, 2023 (for short 'BNS')and Section 23(1) (3) of Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 (for short 'PNDT Act')
Heard M/s.Alluri Divakar Reddy, learned counsel for the petitioners and Sri Jithender Rao Veeramalla, Iearned Additional Public Prosecutor appearing for respondent No.1-State and perused the record.
Though this petition is filed for quashing the proceedings in the crime, durinll the course of arguments, learned counsel for the petitioners has sought for directions to the Police to proceed with investigation by issuing notice under Section 35(3) of Bharatiya I I Nagarik Suraksra Sanhita (BNSS) (Previously Section 41-A o't Cr.P.C.) to the petitioners. \ a--1 2
Operative part
ln view of the above, without going into merits of the matter, this Criminal Petition is disposed of directing the petitioners_accused Nos.5 and 6 to appear before the lnvestigating Officer on or before 30.102025 between 11:00 a.m. and 05.00 p.m. and in turn, the lnvestigating Officer shall issue notice under Section 35(3) of BNSS (Previously Section 41-A of Cr.p.C.) to the petitioners_accused Nos.S and 6 and proceed with the investigation by following the guidelines of the Hon'bre supreme court in Arnesh Kumar v. stafe of Bihar and anotherl. However, the petitioners shall submit their defense.and co-operate with the lnvestigating Officer as and when required by furnishing information and produce all relevant documents/material required for the purpose of the investigation and the lnvestigating Officer shall consider the same before filing appropriate report before the learned Magistrate concerned. Pending miscellaneous applications, if any, shall stand closed. I \ To .]t Sd/. A. PRATHIMA ASSISTANT REGISTRAR 6 SECTION OFFICER //TRUE COPY//
The Additional Judicial First class [Vlaqistrate. Survaoet. 2. The Station House Officer, I Town pojice Staiion, 3. One CC to SRI. ALLURI DIVAKAR REDDY, Advocatd [oPUC] ' 4. One CC to THE PUBLIC PROSECUTOR, Advocate tO'pUCl 5. Two CD Copies 'suryapet. ASR/PR G HIGH COURT DATED:1 011012025 ORDER CRLP.No.13110 of 202 I \, :F:r:\" i-.,,r.ai\, \:r i s s ,,/; . /,' -) c) LL \ I DISPOSTNG 0F THE CRLP
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: this Criminal Petition is disposed of directing the petitioners_accused
Which statutory provisions did this judgment involve?
Bharatiya Nagarik Suraksha Sanhita, 2023 — ss. 35(3), 528; Bharatiya Nyaya Sanhita, 2023; Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 — s. 23(1)(3); Code of Criminal Procedure, 1973.
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.