Ramesh Gone v. The State Of Telangana

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

TUESDAY,THE THIRD DAY OF DECETVIBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION NO: 14703 OF 2024 Between:

Ramesh Gone, S/o. Rama Narsaiah, Aged about 43 years, Occ- Business, Rlo. 2-167 , Sangam Village, Ramchandrappuram, Wardngal Dist ...PETITIONER/ACCUSED NO.6 AND The State of Telangana, Rep. by its Public Prosecutor, Through Station House Officer, Karimnagar l- Town Police Station, KARITMNAGAR District. Gunukula Ra.ii Reddy, S/o. Laxminarashima Reddy, Aged about 66 years, Occ- Retd.Forest Section Officer, H_No 3-7-747, B'ank Colony, Karimnagar ...RESPONDENTS Petitidn under Section 528 of BNSS (482 of Cr.p.C.) praying that in the circumstances stated in the Memorandum of Grounds of Criminal petition, the High Court may be pleased to quash the FIR No.68 of 2024,dated. 02.02.2024 on the file of the Karimnagar l-Town Police Station, at Karimnagar District against Petitioner/Accused No. 6, for the alleged offence lJls.

420 of lpC read with Section 34 of lPC, Section 406 of IPC and Section 5 of the TSpDFEA, .1999. l.A. NO: 2 OF 2024 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 the arrest of the Petitioner/Accused No. 6, in FIR No.6B of 2024 dated 02-02-2024, on the file of the Karimnagar l-Town Police Station at Karimnagar District, for the alleged offence Uls. 420 of IPC read with Section 34 of lPC, Section 406 of IpC and Section 5 of the TSPDFEA, 1999.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri SAINI ARAVIND, Advocate for the Petitioner and the 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 HONOURABLE SMT. JUSTICE K. SU.TANA CRIMINAL PETITION No.147O3 of 2O24 ORDER:

This Criminal Petition is filed under Section 528 Bharatiya Nagarik Suraksha Sanhita, 2023 (fot short BNSS') by the petitioner/accused No.6 seeking to quash the proceedings against him in Crime No.6B of 2024 on the file of Karimnagar I Town Police Station at Karimnagar District, registered for the alleged offences punishable under Sections 406, 420 read with 34 of IPC and Section 5 of TSPDFEA.

2.

Heard Sri Aravind Saini, learned counsel for the , I petitioner and Sri Veeramalla Jithender Rao, learned Additional Public Prosecutor for respondent No.1 - State. 3.

As seen from the record, the averments of the petition do not constitute offences under Section 5 of TSPDFEA against the petitioner herein. Hence, this Court deems it appropriate to direct the petitioner to appear before the Investigating Officer on or before 17.12.2024 between 11:00 a.m. and O5:00 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 41-A of Criminal Procedure Code) and also the guidelines

formulated by the Hon'ble Supreme Court of India in Ant esh Kumar o. State of Biharr scrupulously. However, the petitioner sha1l submit his defense and co-operate with the Investigating Officer as and 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.

4.

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

Sd/. MOHD. ISMAIL ASSISTANT REGISTRAR //TRUE COPY// \ S ION OFFICER To,

1. The Court of ll Additional Judicial Magistrate of First Class, Karimnagar.

2. The Station House Officer, Karimnagar I -Town Police Station, Karimngar.

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

4. One CC to SRI SAINI ARAVIND Advocate [OPUC]

5. Two CD Copies Pcsd/gh ' 1zou1a scc ztz

HIGH COURT DATED:0311212024 TA rl (

ORDER

) CRLP.No.14703 of 2024 0 5 tFB 2U25 r) t t oFspnr DISPOSING OF THE CRIMINAL PETITION 7n