Kanamarlapudi Madhav Ram Kumar v. The State Of Telangana

[ 33851

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD TUESDAY, THE THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION NO: 14690 OF 2024 Between:

Kanamarlapudi Madhav Ram Kumar, S/o Srinivasa Rao, aged about 32 years, Occ: Business, R/o H-No7-8-8, Hare Ram Bazar, Ongole, Andhra Pradesh523002. ...PETITIONER/ACCUSED No.1 AND

1. The State of Telangana, Rep.by its Public Prosecutor, High Court of Judicature at Hyderabad.

2. lnspector of Police, PS Miyapur Miyapur

3. Kapuluru Vamsikrishna Reddy, s/o Vijaya Reddy, age 28 years, occupation - Job searching. My present address is first floor, Plot No4, Lake View Enclave, Balaji Nagar, Miyapur, Hyderabad. Telangana, 500049. Permanent Address - 2-242, Kapu Street, Venkannapalem, Kota Mandal, Tirupati District, Andhra Pradesh,524411.

...RESPONDENT/S 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 against the Petitioners/Accused in Cr.No. 150012024, on the file of PS Miayapur.

l.A. NO: 2OF 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 grant stay of all further proceedings including arrest of the Petitioner/Accused in Cr.No. 150012024 on the file of PS Miyapur, pending disposal of the above criminal petition.

I This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri P ACHUT RAMA SHASTRY, Advocate for the Petitioner and of Sri Veeramalla Jithender Rao, the Additional Public Prosecutor for the State of Telangana on behalf of the Respondent No.1 and 2 and None Appeared for the Respondent No.{. The Court made the following: ORDER

THE HONOURABLE SMT. JUSTTCE K. SUJANA CRIMINAL PETITION No. 14690 of2024 ORDER:

This Criminal Petition is filed under Section 52a Bharatiya Nagarik Suraksha Sanhita, 2023 (fot short tsNSS) by the petitioner seeking to quash the proceedings against him in Crime No.15OO of 2024 on the lile of Miyapur Police Station, Cyberabad, registered for the alleged offences punishable under Sections 316(2),318(4) read with 3(5) of the BNS' 2.

Heard Sri P.Achut Rama Shastry, learned counsel for the petitioner and Sri Veeramalla Jithender Rao, learned Additional Public Prosecutor for respondent No.l - State. 3.

Without going into the merits of the case, since the punishment prescribed for the offences alleged against the petitioner is less than seven (07) years, this Court deems it appropriate to direct the petitioner to appear before the Investigating Officer on or before 17.12-2024 between l1:00 a'm' and 05:0O 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 4 1 -A ol Criminal Procedure Code, 1973) and also the guidelines formulated by the Hon'ble

Supreme Court of India in Anrr,sh Kumar a, Stdte of Blharr scrupulously. However, the petitioner shall submit his defense and co-operate with the Investigating Oflicer as ald when required by furnishing information and produce all 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 any pending, shall also stand closed.

Sd/- MOHD. ISMAIL ASSISTANT REGISTRAR /ffRUE COPY// Si CTION OFFICER To The Vlll Additional Judicial Magistrate of First Class at Kukatpally. The Station House Officer, Miyapur Police Station, Cyberabad. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad (OUT) One CC to SRl. P ACHUT RAMA SHASTRY, Advocate IOPUCI Two CD Copies PrPR '(zor+) a scc zt:

HIGH COURT DATED: 0311212024 I I

ORDER

CRLP.No.14690 of 2024 ,t HE STA (( z, a 0 / Fit 2u5 :) '!,o I * I I'AI CH9O DISPOSING OF THE CRL.PETITION k 5[1t] €coPS<A