Dr. Vishwa Shanthi v. The State Of Telangana
132171
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD TUESDAY, THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HON'BLE SRI JUSTICE N. TUKARAMJI CRIMINAL PETITION No: 4351 of 2025 Between:
Dr. Vishwa Shanthi, D/o Penumula Vishwanadham, Aged about 59 years, Occ: Doctor, R/o 403, Hari Towers, H.No.2-4-3611 , Ramnagar, Hanmakonda, Hanmakonda District.
...Petitioner/Accused No.2
AND
1. The State of Telangana, Rep by its Public Prosecutor, High Court for the State of Telangana Hyderabad.
2. Chakilam Prashanth, S/o Ram Mohan Rao, Aged about 47 years, Occ: Business, Rl/o Raparthi Nagar, Khammam District, N/o Kothapet, Hyderabad.
...Respondents/Complainants
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 FlR. No. 55 of 2025, dated 01-02-2025 on the file of Khammam - ll Town Police Station, Khammam District for the offences under Sections 308(5), 79, 351(3) of BNS, 2023.
l.A. NO: 1OF 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 stay of all further proceedings including arrest of the petitioner in FlR. No. 55 of 2025, daled- 01-02-2025 on the file of Khammam - ll Town Police Station, Khammam District for the offences under Sections 308(5), 79, 351(3) of BNS, 2023, pending disposal of the above case. This Petition coming on for. hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Chalakani Venkat Yadav, Advocate for the Petitioner and the Mr. 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 SRIJUSTICE N. TUKARAMJI CRIMINAL PETITION No.4351 ol 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 FIR No.55 of 2025 of PS Khammam ll-Town Police Station, Khammam District, against the petitioner/accused No.2 2.
Heard Chalakani Venkat Yadav, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent No.1 -State. 3.
The petitioner is arrayed as accused No.2 in FIR No.55 of 2025 for the offences under Sections 308(5), 79, 351(3) of Bharatiya Nyaya Sanhita, 2023.
4.
Learned counsel for the petitioner would submit that though the petitioner is determined to see the process through and the alleged offences are punishable with an imprisonment less than seven years, the Police concerned has not issued any notice under Section 35 (3) of BNSS, 2023, as such, the petitioner is apprehending coercive measures against her. He further submits as the petitioner is ready to
cooperate with the investigation prayed for necessary directions for issuance of notice as per law.
6.
Learned Additional Public Prosecutor submits that the Police concerned are ready to issue notice under Section 35 (3) of BNSS, 2023.
7.
I have perused the materials on record B.
The allegations of extortion are not against the petitioner even as per the remand report and the confessional statement is yet to be recorded by the Police. However, having regard to the fact that the alleged offences are punishable with an imprisonment up to seven years and as the petitioner/accused No.2 is ready to engage herself in the process, without going into merits of the matter, keeping upon the prerogative of the investigation, the petitioner is directed to appear before the SHO, Khammam ll Town Police Station, on 08.04,2025, whereupon, the lnvestigating Officer shall issue notice on the petltioner under Section 35 (3) of BNSS, 2023, in Crime No.55 of 2025 and take up further proceedings as per the guidelines of Arngsh Kumar v. Stafe of Biha/ scrupulously. The petitioner may submit her explanation, whereupon, the investigating agency, considering the .materials, will continue the investigation and determine the complicity
014) 8 scc 273
of the parties. ln unison, petitioner is directed to cooperate with the investigation.
I With this direction, this Criminal Petition is disposed of' Pending miscellaneous applications, if any, Ehall stand closed' SD/- MOHD.
ASSISTANT REG MAIL TRAR //TRUE COPY// SECTION FICER \ To,
1. The I Additional Judicial First Class Magistrate at Khammam.
2. The Station House Officer, Khammam 2 Town Police Station, Khammam District.
3. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad. [OUT]
4. One CC to Sri Chalakani Venkat Yadav, Advocate [OPUC]
5. Two CD Copies kam% I
\ HIGH COURT DATED:01 10412025
ORDER
CRLP.No.4351 of 2025 .I Hi: Sr.q 0l l,pn o( ), irrI/s O (.
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DISPOSING OF THE CRIMINAL PETITION 0Bb,il'r(- -u$