Dinthakurthi Abhi Subramanyam v. The State Of Telangana
[ 3385 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD MONDAY, THE SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONO'BLE SMT JUSTICE K. SUJANA CRIMINAL PETITION NO: 4581 OF 2025 Between:
Dinthakurthi Abhi Subramanyam, S/o. Erahmaiah Abhi, Aged about 39 years, Occ. Business, R/o.H.No.B-3-BB4l1 , A-28 Madhura Nagar, Ameerpet, S.R.Nagar, Hyderabad.
...Petitioner/Accused No.1
AND
1. The State of Telangana, Rep. by its Public Prosecutor, High Court for the State of Telangana At Hyderabad.
2. Mallempalli Venkateshwarlu, S/o.Narasimha Rao, Aged about 4'1 years, Occ. Doctor, Abhaya Multi Speciality Hospital R/o. H. No.5-6-20/4, Prakahsam Bazaar, Nalgonda town, Nalgonda District.
...RespondenUDefacto 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 direct the SHO, Nalgonda I Town Police Station, Nalgonda District to issue the notice U/Sec.41-A Cr.P.C. Notice in F.l.R.No.285 of 2024, dt.2611112024 to the petitioner to enable him to submit his defence. l.A. NO: 2OF 2025 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to direct the SHO, Nalgonda ITown Police Station, Nalgonda District not to take any coercive steps in F.l.R.No.285 of 2024, dt.26.11.2024 till the petitioner is served with Sec.41-A Cr.P.C. Notice, pending disposal of the above criminal Ietition.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Gowri Shankar D, Advocate for the Petitioner and Sri Arun Kumar Doddla, 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 SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.4581 of 2o25 ORDER:
I :l This Criminal Petition is filed under Section 52A Bharatiya Nagarik Suraksha Sanhita, 2023 {for short .the BNSS) by the petitioner/ accused No.1 seeking to quash the proceedings against him in Crime No.285 of 2024 on the file of Nalgonda I I Town Police Station, Nalgonda, registered for the alleged offences punishable under Sections 318(4), 352 and 351(2) read with 3(5) I I of the Bharatiya Nyaya Sanhita, 2023 (for short 'the BNSJ. I I Heard Sri D.Gowri Shankar, Iearned counsel for the petitioner and Sri Arun Kumar Doddla, learned Additional public \ Prosecutor for respondent No.1 - State.
3.
Without going into the merits of the case, since the punishment prescribed for the offences alleged against the i petitioner is less than seven (07) years, this Court deems it I appropriate to direct the petitioner to appear before tl.e I I Investigating Officer on or before 15.04.2025 between 11:00 a.m. and O5:O0 p.m. and in turn, the Investigating Officer is directed to follow the procedure laid down under Section 35 (3) of the BNSS (previously, Section 41-A of Criminal Procedure Code, I
lg7 3\ and also the guidelines formulated by the Hon'ble Supreme Court of India in Arrltesh Kumar o' State of Bihart scrupulously. However, the petitioner sha1l submit his defense and co-operate with the Investigating Officer as artd when required by furnishing information and produce a1i relevant documents/material required for the purpose of the investigation and the Investigating officer shall consider the same before filing appropriate report before the learned Magistrate concerned' Accordingly, the Criminal Petition is disposed of' Miscellaneous applications, if aly pending, shall also stand closed.
SD/-A.SREENIVASA REDDY ASSI TANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1 . The Judicial First Class Magistrate At Nalgonda
2. The Station House officer, Nalgonda 1.Town, Nalgonda District.
3. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad. (OUT)
4. One CC to SRl Gowri Shankar D Advocate IOPUC] 5 Two CD CoPies DS/PSL 12014) A SCC 273
HIGH COURT I DATED:0710412025
ORDER
CRLP.No.4581 o12025 oB THE s 14 .c .1'
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I i THE CRIMINAL PETITION IS DISPOSED OF AS INFRUCTUOUS h /t, t1