Nagaraju Satyanarayana v. The State Of Telangana
t 3217 |
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD MONDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITION NO: 9421 OF 2025 Between:
1. Nagaraju Satyanarayana, Sio Damodar aged about 49 years, occ. Driver r/o H.No. 8-1-361, Katta Rampur, Kaimnagar.
2. Bukka Sai Siddartha, S/o Bukka Raju, aged about 19 years, occ. Private Employee r/o H.No. 10-5-365i2, Kisan Nagar, Karimnagar. ...PETITIONERS/ACCUSED NOS. 1 & 2 AND The State of Telangana, through S.H.O, Karimnagar I Town Police Station, Karimnagar District, rep..By Public Prosecutor, High Court, Hyderabad. Mothkuri Laxmi, wio Late Venkat, aged about 52 years, occ. Household, r/o Bhagathnagar, Karimnagar District.
...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 call for the records relating to the F.l.R. No. 397 of 2O25 on the file of Karimnagar lTown Police Station, Medak District, and quash the proceedings thereon.
l.A. NO: 2OF 2025 Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Crimrnal Petition, the High Court may be pleased to grant stay of all further proceedings including the arrest of the petitioners in F.l.R. No. 397 of 2025 on the file of Karimnagar I Town Police Station, Medak District, pending disposal of the Criminal Petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri SARDAR JASBEER SINGH, Advocate for the Petitioners and Mr. JITHENDER RAO VEERAMALLA, the Additional Public Prosecutor on behalf of respondent No. 1 and none appeared for the Respondent No.2.
The Court made the following: ORDER
THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITION No.942L OF 2o25
ORDER
This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short tsNSS, 2023') seeking quashment of the proceedings in Crime No.397 of 2025 of Karimnagar I Town Police Station, Karimnagar District, against the petitioners. 2.
The petitioners are arrayed as accused Nos.1 and 2 in Crime No.397 of 2025 registered for the offences punishable under Sections 1 18 of BNS.
3.
Heard learned counsel for the petitioners and Mr.Jithender Rao Veeramalla, learned Additional public Prosecutor appearing for respondent No.1.
4.
Learned counsel for the petitioners would submit that though the petitioners are determined to see the process through and the alleged offences are punishable with an imprisonment of less than seven years, the Police concerned have not issued any notice under Section 35 (3)
-.1 of BNSS, 2023, as such, the petitioners are apprehending Tt I \ , coercive measures against them. Learned counsel further submits that the petitioners are ready to cooperate with the '
investigation, hence prayed for necessarlr directions for issuance of notice as Per law.
5.
Learned Additional Public Prosecutor submits that the Police concerned are ready to issue notice under Section 35 (3) of BNSS, 2023 6.
I have perused the materia,Is on record 7.
Having regard to the fact that the alleged offences are punishable with al imprisonment up to seven ye€rs and as the petitioners/ accused Nos.l ald 2 ate ready to engage themselves in the process, without going into merits of the matter, the petitioners are directed to appea-r before the Station House Officer of Karimnagar I Town Police Station, Karimnagar District, within a period of one (1) week from the date of receipt of a copy of this order, whereupon, the Investigating Oflicer shall issue notice on the petitioners under Section 35 (3) of BNSS, 2023 in Crime No'397 of
2025 and take up further proceedings as per the guidelines of Arnesh Kumar o. State of Bihart scrupulously. In unison, the petitioners are directed to cooperate with the rnvestigation.
With this direction, this Criminal petition is disposed of Pending miscellaneous applications, if any, shall stand closed.
SD/. A.V.S.PRASAD DEPUTY REGISTRAR t\ ,TRUE COPY// SECTION OFFICER To,
1. The Station House Officer, Karimnagar I Town Police Station, Karimnagar
2. One CC to Sri Sardar Jasbeer Singh, Advocate [OPUC]
3. Two CCs to Public Prosecutor, High Court for the State of Telangana, at Hyderabad. [OUT]
4. Two CD Copies GfuPSL @_- ' (2014) 8 scc 273
HIGH COURT I DATED:2810712025 c AT { T c, r\11 \)\1 (r I '_) * *
ORDER
Tlc GRLP.No.9421 ot 2025 DISPOSING OF THE CRIMINAL PETITION f g