Ravisetti Ravi Babu v. The State Of Telanana

[ 3385 ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD THURSDAY ,THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION NO: '10768 OF 2024 Between:

Ravisetti Ravi Babu, S/o. Rayamallu, Aged 36 years, Occ. Business, R/o' Veenavanka Village and tMandal, Presently Residing at 3-7-19111 , Reddy Colony, Hanamkonda Town and District.

...PETITIONERYACCUSED No.1 AND '1 . The State of Telanana, Through SHO, PS Luxettipet, Mancherial District Rep' by Public Prosecutor High Courl at Hyderabad for the State of Telangana'

2. Embadi Chandraiah, S/o. Lingaiah, Aged 50 years, Occ. Agriculture, Fl/o' Kothakommugudem Village Luxettipet Mandal, Mancherial District' ...RESPONDENT/COMPLAINANT Petition under Section 528 of B.N.S.S. 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 crime no. ',l62 of 2024 on the file of sHo, PS Luxettipet, Mancherial District against the petitioner/ accused no. 1. l.A. NO: 2 OF 2024 Petition under Section 528 of B.N.S.S. 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 in crime no. 162 of 2024 on the file ot SHO, pS Luxettipet, Mancherial District including the arrest of the petitioner/ accused no.

1, pending disposal of the above criminal petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of sri AJAY KUMAR MADISETTY ,Advocate for the Petitioner and Sri D.Arun Kumar, the Additional Public Prosecutor (TG) on behalf of the Respondent No.1 and None appeared for the ResPondent No.2.

The Court made the following: ORDER

THE HON'BLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION NO.10768 OF 2024 ORDER:

This Criminai Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (tot short 'BNSS) to quash the proceedings against the petitioner in FIR No. 162 of 2024 of Luxettipet Police Station, Mancherial District registered for the offence punishable under Section 42O rlw.34 of Indian Penal Code (for short 'I.P.CJ.

2.

Heard Sri M.Ajay Kumar, learned counsel for the petitioner and Sri D. Arun Kumar, learned Additional Public \ \ Prosecutor appearing for the l"t respondent-State. 3.

However, without going into the merits of the case, since the punishment prescribed for the offence alleged against the petitioner is less than seven (O7) years, this Coltrt deems it appropriate to direct the petitioner to appear before the Investigating Officer on or before 24.09.2024 between 11:O0 a.m. and 05:00 p.m. and inturn the Investigating Ofhcer is directed to follow the procedure laid down under Section 35 (3) of BNSS (previously Section 41-A Cr.P.C.) and also the guidelines formulated by the Hon'ble Supreme Court in Arnesh Kumar a.

State of Bihart scrupulously. However, petitioner shall cooperate with the Investigating Ofhcer as and when required by furnishing information and documents as sought by him in concluding the investigation. The petitioner sha1l file all the documents, which he ought to lile to prove that it does not come under the criminal offences and the Investigating Officer shall consider the same before liling appropriate report before the Magistrate.

4.

Accordingly, the Criminal Petition is disposed of. Miscellaneous petitions, if any, pending shall stand closed.

Sd/. P. CH. NAGABHUSHAMBA ASSISTANT REGISTRAR / I //TRUE COPY// ECTION OFFICER To, '1 . The Judicial First Class Magistrate -Cum- Junior Civil judge At Luxettipet.

2. The Station House Officer,Luxettipet Police Station,Mancherial District.

3. One CC to SRI AJAY KUMAR MADISETTY, Advocate IOPUCI

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

5. Two CD Copies Pr\C^.

AR /gh I (2014) 8 SCC 273

HIGH COURT DATEO:1210912024 ( 1H r- S14t- €() ^-

ORDER

CRLP.No.10768 ol 2024 12 NI\l 2021 3Es r,,.,'r r. ', t t.

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DISPOSING OF THE CRIMINAL PETITION.