Dhanavath Ramesh v. The State Of Telangana,

132171

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD WEDNESDAY, THE ELEVENTH DAY OF JUNE TWO THOUSAND AND TWENry FIVE PRESENT THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITION NO: 5583 OF 2025 Between:

Dhanavath Ramesh, S/o. Puliya Aged about 32 years, Occ Pvt. Employee R/o. Chaitanya Hills, Meerpet, Ranga Reddy District. N/o H.No. 14-31, Harja Thanda village, Thripuraram Mandal, Nalgonda District

...Petitioner/Accused No.2

AND

1. The State of TelanganaT, Rep. by its Public Prosecutor, High Court for the State of Telangana, High Court Buildings, Hyderabad, through SHO, P.S. Meerpet

2. Kothi Chinthala Rajeshwar Rao ,, Wo. Gopla Rao, aged about 28 years, Occ Pvt. Employee. R/o. H.No.3-1801215, Plot no. 806, Road no.5, Nandi Hills, Meerpet , Ranga Reddy District.

...Respondents/De-Facto Complai nant

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 FIR No. 391 of 2025, UiSec.331(4), 305 BNS on the file of P.S. MEERPET against the petitioner/Accused No.2. l.A. NO: 2OF 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 all further proceedings including arrest of the petitioner in FIR No. 391 of 2025 U/Sec.331(4), 305 BNS on the file of P.S. Meerpet pending disposal of the main petition for quashing the same.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Baskula Athik, Learned counsel representing Sri. SARDAR RAMAVATH,Advocate for the Petitioner and the Sri Jithender Rao Veeramalla, Learned Additional Public

Prosecutor on behalf of the Respondent No.1 and None appeared for the Respondent No. 2 The Court made the following: ORDER

HONOURABLE SRI JUSTICE N. TUKARAMJI CRIMINAL PETITION NO.5583 of 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 Crime No. 391 of 2025 of Meerpet Police Station, Rachakonda Commissionerate, against the petitioner' 2.

Heard Mr. Baskula Athik, learned counsel representing Mr' Sardar Ramavath, 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 Crime No 391 of \ \ 2025 registered for the offences punishable under Sections 331(4) and 305 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 below seven years, the Police concerned have not issued any notice under Section 35 (3) of BNSS,2023, as such he is apprehending coercive measures against him' He further submits that the petitioner is ready to cooperate with the investigation, hence prayed for necessary directions for issuance of notice as per law.

Learned Additional Public Prosecutor opposed the petition. I

z 6.

I have perused the materials on record.

7.

Having regard to the fact that the alleged offences are punishable below seven years and as the petitioner is ready to engage himself in the process, the petitioner is directed to appear before the SHO, Meerpet Police Station on or before 25.06.2025. whereupon, the lnvestigating Officer shall issue notice on the petitioner under Section 35 (3) of BNSS, 2023 in Crime No.39-l of 2025 and take up further proceedings as per the guidelines of Arnesh Kumar v. State of Biharl. ln unison, the petitioner is directed to cooperate with the investigation. With this direction, this Criminal Petition is disposed of. Pending miscellaneous applications, if any, shall stand closed. SD/- L.VIJAYA LAXMI ASISSTANT REGISTRAR //TRUE COPY// S CTION OFFICER To,

1. The Hon'ble Vl Metropolitan Magistrate, Rachakonda' at L.B. Nagar'Ranga Reddy District.

2. The Station House Officer, Meerpet Police Station, Rachakonda Com m iss io ne rate.

3. Two CCs, to the Public Prosecutor, High Court for the State of Telangana at Hyderabad[OUT]

4. One CC to SRl. SARDAR RAMAVATH Advocate [OPUC]

5. Two CD Copies W SGB/psl ts

HIGH COURT DATED:1 110612025 R i ilF:, s lr,l t ( -) 1(J 02 [tlG zrfi

ORDER

\:.

l'..,/ CRLP.No.5583 of 2A25 DISPOSING OF THE CRIMINAL PETITION