Annepaga Kiran Kumar v. State Of Telangana
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IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD TUESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION NO: 16132 oF 2024 Between:
Annepaga_Kiran. Kumql, S/o. Prakasa Rao, Aged 45 years, occ. consultant, 11-11-77 , Ground floor, Telephone Colony, R.K. Puram, Kottiapet, R.R. District.
...Petitioner/Accused No.1
AND
1. State of Telangana, Rep. by its Public prosecutor, High Court at Hyderabad. 2 Bairugo.nda Sreenu, S/o Bairugonda Anjayya, Aged 25 years, Occ. labourer/private employee, R/o. Behind Omnr' Hospitat, Saroor Nagar, Hyderabad, N/o. Kondaiurdm Village, Chaduru Mandal Nalgonda Distiict, 508244 ...RespondenUDe-facto Gomplainant 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 FIR No. 945t2O24 on the file of PS Chaitanyapuri, Rachakonda District.
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 stay all the further investigation in FIR No. 945 of 2024 Dl. 27-11-2024 on the file of Chaitanyapuri P.S including the arrest of the petitio n e r/a ccused No.1 .
l.A. NO: 1 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 dispense with the certified copies of FIR No. 945t2024 on the file of PS Chaitanyapuri, Rachakonda district.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri G Ravi Chandra Sekhar, Advocate for the petitioner and the Asst. Public Prosecutor on behalf of the Respondent No.1 and none appeared for the Respondent No 2.
The Court made the following: ORDER d
THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.16132 of 2o24 ORAL ORDER:
This Criminal Petition is fi1ed under Section 528 Bharatiya Nagarik Suraksha Sanhita (for short 'BNSSJ by the petitioner/ accused No.1 seeking to quash the proceedings against him in FIR No.945 of 2024 before the Chaitanyapuri Police Station, Rachakonda District, registered for the alleged offences punishable under Sections 318(4) and 3i6(2) of the Bharatiya Nyaya Sanhitha,2023 (for sirort 'BNS'- 2.
Heard Sri G.Ravichandra Sekhar, leamed counsel for the petitioner and learned Additional Public Prosecutor for respondent No.1 - State.
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Without going into the merits of the case, since the punishment prescribed for the offences alleged against the petitioner is less than seven (O7i years, this Court deems it appropriate to direct the petitioner to appealr before the Investigating Officer on or before 10.01.2025 between 11:O0 a'm' and 05:OO p.m. and in turn, the Investigating Oflicer is directed to follow the procedure laid down under Section 35 (3) of BNSS previously section 41-A oi Criminal Procedure Cocle and also the
guidelines formulated by the Hon,ble Supreme Court of India in Anresh Kumar o. Sto:te of Biho;rt scrupulously. However, the petitioner shali 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 Iiling appropriate report before the learned Magistrate concerned. Accordinglv, the Criminal Petition is disposed of. Miscellareous applications, if any pending, shall also stand closed.
Sd/- MOHD. ISMAIL ASSISTANT REGISTRAR //TRUE COPY// \ TION OFFICER To, 1 . The station House officer, chaitanyapuri Police station, Rachakonda District.
2. One CC to Sri. G Ravi Chandra Sekhar Advocate [OpUC]
3. Two CCs to Public Prosecutor, High Court for the State of Telangana. [OUT]
4. Two CD Copies.
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HIGH COURT DATED:31 11212024 :, rvdS * r8
ORDER
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('sI,ATC HEo {) ,t DISPOSING OF THE CRIMINAL PETITION O\ 9> {