Soumya Ranjan Mahapatra v. State Of Telangana

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

FRIDAY,THE FIFTH DAY OF DECETUBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE J SREENIVAS RAO CRIMINAL PETITION NO: 16142 OF 2025 Between:

Soumya Ranjan [Mahapatra, S1o Chandra lt/ohan Mahapatra Aged about- 67 years Occ-Ex- IRTS Sbrvices, SC Railways, Secunderbad R/o Temporarily at East [Vlaredpally Secunderabad.

...PETITIONERYACCUSED No.1 AND State of Telangana, Represented by its Public Prosecutor High Court for the State of Telangana Hyderabad.

Narasa Raju @ M Venkata Narsaiah, S/o Narsimha Raju Aged About 52 years, Occ- Fruit Business, M/S RS Fruits R/o H 17-1-3911C148, Krishna Nagar colony Saidabad, Hyderabad ...RESPONDE NT/COM PLAI NANTS 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 quash the impugned proceedings in C.C.No. 1419 of 2017 on the file of the Court of the Xll Additional Chief Metropolitan Magistrate, at Secunderabad and pass such other further orders as are deemed just and necessary in the circumstances of the case.

l.A. NO: 1 OF 202s 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 appearance of the Petitioner in Court in the impugned proceedings in C.C.No. 1419 of 2017 on the file of the Court of the Xll Additional Chief Metropolitan Magistrate, at Secunderabad and pass such other further orders as are deemed just and hecessary in the circumstances of the case.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri RAKESH JANGEM, Advocate for the Petitioner and Sri Jithender Rao Veeramalla, the Additional Public Prosecutor on behalf of the Respondent No.1 and none appeared for the Respondent No.2.

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The Court made the following: ORDER

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE SRI JUSTICE J.SREENIVASRAO CRIMINAL PETITION No.16142 of 2025 Date 05.12.2025 Between:

Mr. Soumya Ranjan Mahapatra Petitioner/accused No. 1 AND The State ol''felangana and another.

.Respondents ORDER:

This Criminal Petition is filed under Section 528 Bharatiya Nagarik Suraksha Sanhita (for short 'BNSS') by the petitioner/accused No.l and seeking to quash the proceedings against him in C.C.No.l4l9 of 2017, on the lile of the XII Additional Chief Metropolitan Magistrate, Secunderabad. 2Heard Sri Vemulapati Pattabhi, learned Senior Counsel representing Sri Rakesh Jangem, learned counsel for the petitioner, appearebJhrough video conference and Sri Jitendar Rao

Veeramalla, learned Additional Public Prosecutor appearing for the respondent No.1 - State.

3.

During the course of hearing, the learned Additional Public Prosecutor submits that the trial Court had issued NBW, which is still pending against the petitioner. Unless the said NBW is recalled, the petitioner is not entitled for seeking to quash the proceedings against him in C.C.No.l4l9 of 2017. 4.

Learneil Senior counsel for the petitioner requested this Court that the petitioner may be granted liberty to approach the trial Court for filing the necessary application for recalling NBW and on such application the trial Court concerned may be directed to dispose of the same by giving time limit.

5.

In view of the above submissions made by the respective parties without expressing any opinion on the merits of the case, the petitioner is granted liberty to file an application for recalling the NBW issued against him. On such application, the trial Court shall consider the same and pass appropriate orders in accordance /

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- with law, as; expeditiously as possible preferably within a period of four weeks from the date of filing of the said application. 6.

With the above direction, the criminal petition is disposed of. Pending miscellaneous petitions, if any, in this Criminal Petition shall also stand closed Sd/. A. JAYASREE SISTANT REGISTRAR \ //TRUE COPY// SECTION OFFICER To, The Xll Additional Chief fi/etropolitan [\4agis e,.at Secunderabad The Station House Officer, police Station, Tukaramgate, Hyderabad Two CCs to the PUBLIC PROSE CUTOR, High Court at Hyderabad. (OUT) One CC to SRt RAKESH JANG EtV Advocate [OPUCJ Two CD Copies ,V TPK/kam

fI HIGH COURT DATED:05/1 212025 'tiE S at a 1[ 0[t ?![I ('

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ORDER

It CRLP.No.16142 of 2025 Ii t !

i GRIMINAL PETITION IS DISPOSED OF i i \s \D