The State of Telangana v. Stafe of Bihar scrupulously However
Case at a glance
Provisions considered
Key paragraphs
- Para 66. With the above said observations, this Criminal Petition is disposed of
Judgment
The State of Telangana,, Rep by its Public Prosecutor, High Court for the State of Telangana at Hyderabad. . ...Respondent
Swaroopa Mudavat, DT (CS), Munipally, 0/0 DCSO, Sanga Reddy ...2nd RespondenUDefacto complainant Petition under Section 528 of BNSS prayrng 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. 197 of 2025 on the file of Judicial Magistrate of First Class (Special Mobile) at Sanga Reddy against the petitioner, in the interest of Justice. Pending disposal of quash petition. l.A. NO: 2 OF 2025 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 grant Stay of all further proceedings including appearance of the Petitioner/Accused in Crime. No.197 2025 on the file of the on the file of Judicial Magistrate of First Class (Special Mobile) at Sanga Reddy pending disposal of the Petition. This Petition coming on for hearing upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of SRI SOMAVARAPU SATYANARAYANA, Advocate for the Petitioner and the Sri Jithender Rao Veeramalla, Additional Public Prosecuto on behalf of the Respondent No.1 and none appeared for the Respondent2. The Court made the following: ORDER THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.15024 ot 2025 ORDER This Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') by the petitioner/accused seeking to quash the proceedings against him in Crime No.197 of 2025 on the file of Munipally Police Station, Sangareddy District, registered for the alleged offences punishable under Section 318 (4) of Bharatiya Nyaya Sanhita, 2023 (for short 'BNS') and Section 7 of the Essential Commodities Act, 1955 (for short'EC Act').
2. Heard Mr.somavarapu Satyanarayana, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent No.1.
Though this petition is filed for quashing the proceedings in the crime, durrng the course of arguments, learned counsel for petitioner has sought for directions to the Police to proceed with investigation by issuing notice under Section 35(3) of BNSS (Previously Section 41-A ot Cr.P.C.). ...?.. 2 r-r-lD. J ( rl.r' 1i02.1 l02i 4 Learned Additional Public prosecutor has r< : disputed the 5 Consrdering the submissions of both the r;r unsel and on perusal of the material available on record, it is rseen that the allegations are under Section 318 (4) of BNS an I Section 7 of EC Act and the punishment prescribed for the said offences alleged against the petitioner is less than seve I (07) years Hence, without going into the merils of the cit;e, this Court deems it appropriate to direct the petitioner to ap:,rar before the lnvestigatrng Officer on or before 09.12.2025 betw( en 1 1:00 a.m. and 05.00 p m. and in turn, the lnvestigating Offic: is directed to follow the procedure laid down under Section 35 (l r of the BNSS (previously section 41-A of Criminal procedure C: Je, 1973) and also the guidelines formulated by the Hon, ble Su: eme Court of India in Arnesh Kumar v. Stafe of Bihar scrupulously However, the petitioner shall submit his defense : ,.rd co_operate with the Investigating Officer as and when require r by furnishing information and produce all relevant documents/n i ierial required for the purpose of the investigation and the lnves; gating Officer '(2014) I scc 273 i l i I I I T?7 i I i i l I I i I 3 ETD, J Crl.P 15024 2025 shall consider the same and shall complete the investigation strictly in accordance with law.
With the above said observations, this Criminal Petition is disposed of
As a sequel, the miscellaneous petitions pending, if any, shall stand closed SD/. K.BHAVANI SWAMY ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1 The First Class Miagistrate (Special tt/obile Copy at Sangareddy 2 The Station House Officer, Munipally Police Station, Sangareddy District. 3 Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad [OUT] 4 One CC to SRI SOMAVARAPU SATYANARAYANA, Advocate IOPUC] 5 Two CD Copies NVB/PSL HIGH COURT DATED:1811112025 t ( 1 H 1 6 6t2?B .) .lt "" o - * o ,,* ORDER CRLP.No.15024 of 2025 DISPOSING THE CRIMINAL PETITION q
Precedent status how later indexed judgments have treated this case
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