Ravula Venkanna v. The State Of Telangana

134441 THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY THE SEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION NO: 14406 OF 202s Between:

1. Ravula Venkanna, S/o.Ravula Ramachandru, Aged 34 years, Occ. Private Employee, R/o.H.No. l-33,Utkur Village of Shaligoraram Mandal, Nalgonda District.

PETITIONER/ACCUSED NO.7 AND

1. The State of Telangana, rep its Public prosecutor, High court for the state of Telangana, Through S.H.O. P.S. Suryapet Town, Suryapet District.

2. Dr.Konkanchi Hariprasad, S/o.Srinivas, Aged 29 years, Occ. Medical officer, UPHC(Urban Primary Health Centre, R/o. Gopalapuram of Suryapet Town ...RESPONDENT/COMPLAINANT Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, Jhe High Court may be pleased to quash the proceedings against the Petitioner/Accused No.7 in Cr.No.287 of 2025 of Suryapet town Police station, Suryapet District in the interest of justice.

l.A. NO: 2OF 2025 Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petitbn,the High Court may be pleased to stay of all further proceedings including the arrest of the Petitioner/Accused No.7 in Crime No.287 of 2025 of Suryapet town Police station, Suryapet District, pending disposal of the above quash petition, in the interest of justice.

This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal petition and upon hearing the arguments of Sri VEERA BABU GANDU ,Advocate for the Petitioner and Mr V.Jithender Rao Additional Public Prosecutor on behalf of the Respondent No1. and none appear foi' the Respondent No2.

The Court made the following: ORDER

THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMIN PETITION N0.14406 ot 2025 ORDER:

1.

This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') seeking the Court to quash the proceedings against the petitioner/accused No.7 in Crime No.287 ol 2025, on the file of Suryapet Town Police Station, Suryapet District, registered for the offences punishable under Sections 318(4), 125 read with 3(5) of BNS, 2023; Section 5(2)(3) of The Medical termination of Pregnancy Act, 197'l and Section 23 of Pre-Conception and Pre-Natal Diagnostic Techniques (PNDT) Act, 1994.

2. Heard Sri Veera Babu Gandu, learned counsel for the petitioner/accused No.7 as well as Sri Jitender Rao Veeramalla, the learned Additional Public Prosecutor appearing for the respondent No.1-State.

3.

Learned counsel for the petitioner has restricted his submission stating that a direction be issued to the Police to follow the procedure prescribed under Section 35 (3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (tor short 'BNSS').

I

ETD, J Crlp-t4406 2025 - 4.

On the other hand, the learned Additional Public Prosecutor has not disputed the same 5.

Considering the submissions of both the learned counsel and the material available on record, it is seen that the allegations alleged against the petitioner are under Sections 31e(4), 125 read with 3(5) of BNS, 2023; Section 5(2)(3) of The Medical termination of Pregnancy Act, '1971 and Section 23 of Pre-Conception and PreNatal Diagnostic Techniques (PNDT) Act, 1994 and the punishment prescribed for the offences alleged against the petitioner is less than seven (07) years. Hence, without going into the merits of the case, this Court deems it appropriate to direct the petitioner/accused No.7 to appear before the lnvestigating Officer on or before 27.11.2025 between 11:00 a.m. and 05:00 p.m. and in turn, thrrrlnvestigating Officer is directed to follow the procedure laid down under Section 35

(3) of the BNSS (previously Section 4'l-A of Criminal Procedure Code, 1973) and also the guidelines formulated by the Hon'ble Supreme Court of India in Arnesh Kumar y. State of Biharl scrupulously. However, the petitioner/accused No.7 shall submit his defense and co-operate with the lnvestigating Officer as and when 1 (2014) 8 scc 273

E'fD, I Crlp,l44Q6 2Q25 required by furnishing information and producing all relevant documents/material required for the purpose of investigation and the lnvestigating Officer shall consider the same and complete the investigation strictly in accordance with law. 6.

Accordingly, the Criminal Petition is disposed of.

7. As a sequel, miscellaneous petitions pending, if any, shall stand closed.

SD/- A.H.S.GOWRI SH ASSIST //TRUE COPY// SECTION OFFICER To,

1. The Additional Judicial First Class Magiskate Court at Suryapet

2. The Station House Officer, Police Station Suryapet Town , Suryapet District

3. One CC to SRl. VEERA BABU GANDU Advocate IOPUC]

4. Two CC to SRl. PUBLIC PROSECUTOR High court for the state of Telangana at Hyderbad [OUT]

5. Two CD Copies AG/PSL Uy

HIGH COURT DATED:0711112025

ORDER

CRLP.No.14406 of 2025 ( -( P.E S 26m6 >z I t.

i j I CRLP IS DISPOSED OF rl