Nallavelli Rajini Babu Reddy @ Nallavelli Rajini Babu v. The State Of Telangana,

1321t 1

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD THURSDAY, THE TWENry FOURTH DAY OF JULY TWO THOUSAND AND TWENry FME PRESENT THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITION NO: 9255 OF 2025 Between:

Nallavelli Rajini Babu Reddy @ Nallavetti Rajini Babu, S/ o. Kurma Reddy, Age. 51^Years, Oc9, Business, R/o. 2-88,'Pradhana Nagar, Thowklapui Village, Gundlapally Mandal, Nalgonda Diskict. ...PETITIONER/ACCUSED NO.1 AND The State of Telangana,, through S.H.O., P.S. Dindi, Nalgonda District, represented by Public Prosecutor, High Court at Hyderabad. ...RESPONDENT Srikala Rathlavath, Wo. Krishnamurthy, Age.27 years, Occ. Labourer, R/o H. Nq. 12-351, Katikabanda Thanda, Dindi Mandal, Natgonda District. Cell No.9912798844.

...RESPONDENT/DEFACTOCOMPLAINANT 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 F.l.R. No. 113 of 2025 of p.S. Dindi, Natgonda District. 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 stay of all further proceedings including arrest of the petitioner/Accused No. 1 in FIR No. 113 of 2025 of P.S. Dindi, Natgonda District. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri K VENUMADHAV, Advocate for the Petitioner and Mr. JITHENDER RAO VEERAMALLA, the Additional Public Prosecutor on behalf of respondent No..l and none appeared for the Respondent No.2.

The Court made the following: ORDER

, r:ir&5.! - '1 ', THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITION No. 9255 OF 202s

ORDER

This petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashment of the proceedings in FIR No.113 of 2025 on the file of P.S Dindi, Nalgonda District, Hyderabad against the petitioner/accused No.1. 2.

Heard Mr.K.Venumadhav, learned counsel Ior petitioner, Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent No.1-State 3.

The petitioner is arrayed as accused No.1 in FIR No.113 of 2025 facing accusation under Sections 115(2) of BNS, 3(l )(r)(s)(c) SCs/STs POA Act.

4.

Learned counsel for the petitioner respectfully submits that although the petitioner is fully committed to cooperate with the investigative process, he is apprehensive of potential coercive action being taken against him. This concern arises from the fact that, despite the alleged offence being punishable with imprisonment for a term less than seven years, the investigating police authority has not yet issued any notice under Section 35(3) of the BharatilaNagarik Suraksha Sanhita, 2023 (BNSS). lt is further submitted that

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':xf$ the petitioner has no intention of evading the investigation and is willing to extend full cooperation to the authorities, In light of these circumstances, learned counsel prays that appropriate directions be issued to the concerned police officials to proceed in accordance with law by issuing a notice under Section 35(3) of the BNSS, thereby safeguarding the petitioner from any unwarranted coercive measures.

5.

Learned Additional Public Prosecutor opposed the petition. 6.

I have perused the materials on record 7.

Considering that the alleged offence is punishable with imprisonment for a term less than seven years, and in view of the petitioner's willingness to participate in the investigative process, the petitioner is directed to appear before the Station House Officer (SHO), P.S Dindi, Nalgonda District, within one week from the date of receipt of a copy of this order. Upon such appearance, the lnvestigating Officer shall issue nottce to the petitioner under Section 35(3) of the BNSS, in connection with FIR No.1 13 of 2025, and shall proceed further strictly in accordance with the guidelines laid down by the Hon'ble Supreme Court in Arnesh Kumar v. State of Biharl . I (2014) 8 scc 273

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Simultaneously, the petitioner is directed to extend full cooperation to the lnvestigating Officer during the course of the investigation. / 8With this direction, this Criminal petition is disposed of. Pending miscellaneous applications, if any, shall stand closed SD/. U.SUDHA ASSISTANT REGISTRAR t-lr'

h SECTION OFFICER //TRUE COPY// To,

1. The Additional Judicial First Class Magistrate, Devarakonda.

2. The Station House Officer, Dindi police Station, Nalgonda.

3. One CC to SRt K VENUMADHAV Advocate tOpUCI

4. Two CCs to public prosecutor, High Court for the State of Telangana, at Hyderabad. [OUT]

5. Two CD Copies GR/GH t l'

HIGH COURT DATED:2410712025 a - --:\ )./ J e{ 05 luB 2ffi .- I C)

ORDER

t '€spAl cuEQ CRLP.No.9255 of 2025 DISPOSING OF THE GRIMINAL PETITION (r t zJ