Rajesh Kumar v. The State Of Telangana
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IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD WEDNESDAY,THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION NO: '17552 OF 2025 Between:
1. Rajesh Kumar, S/o. Baburao, Age about 43 Years, Occ: Journalist, R/o. H.No. 4-2-1112, Mahankali Street, 11th Ward, Narayanpet Town, Narayanpet District, T.S- 509210
2. Jangam Shankar, S/o. Jangam Siddaiah, Aged about 54 Years, Occ. Journalists, R/o. H.No. 3-15-95, Subash Road, Narayanpet Town, Narayanpet District, T.S- 509210 ... Petitioners/Accused No. 7 & 8 AND
1. The State of Telangana, Through its Public Prosecutor,.High Court Building, High Court, Hyderabad.
Res pondenUCom pla inant
2. Sri. Chandar Naik, Sio. Ram Nayak, Aged about 55 Years, Occ. Asst. Engineer (Mechanical), R/o. Office of Depot Manager, Narayanpet Bus Stand, Hyderabad Road, Narayanpet, Narayanpet District, Telangana- 5092'10. Cell. 7382828622
...Respondent No.2/Defacto - Complainant
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 proceedings against the Petitioners/ Accused No. 7 & 8 in Cr No. 323 of 2025 on the file of PS Narayanpet Town, Narayanpet District, Telangana for the offences under Sections 308, 351 (2), 132,329 (4) R/w 3 (5) of Bharatiya Nyaya Sanhita, 2023 and Section 3 of The Prevention of Damage to Public Property Act, 1984 in the interesl of justice and equity. LA. NO:2OF 2025 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 proceedrngs including arrest in Crime No.323 of
2025 on the petitioners file of P.S Narayanpet Town, Narayanpet District against the This Petition coming on for hearing, upon perusing the ltr'lemorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Mahesh Kosgi ,Advocate for the Petitioners and Sri Jithender Rao Veeramalla, the Additional Public Prosecutor on behalf of the Respondent No. 1 and none appeared for the Respondent No. 2 The Court made the following: ORDER
!N THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.175s2 of 2025 Date: 31.12.2025 Between:
Rajesh Kumar and another Petitioners/accused Nos.7 and 8 AND The State of Telangana,Through its Public Proseculor, High Court Building, High Court, Hyderabad, and another ... Respondents
ORDER
This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (tor short'BNSS') seeking to quash the proceedings against the petitioners/accused Nos.7 and B in FlR.No.323 of 2025, on the file of Narayanpet Town Police Station, Narayanpet District, Telangana, registered for the offence punishable under Sections 308, 351(2), 132, 329(4) r/w. 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short 'BNS') and Section 3 of
ETD, J Crlp_17552 2025 Prevention of Damage to Public Property Act, 1984 (for short 'PDPP Act) 2.
Heard Sri Mahesh learned counsel for the Kosgi, petitioners/accused Nos.7 and 8 as well as Sri Jithender Rao Veeramalla, the learned Additional Public Prosecutor appearing for the respondent No.'1 -State 3.
Learned counsel for the petitioners have 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 (for short 'BNSS') 4.
On the other hand, the learned Additional Public Prosecutor submitted that the punishment prescribed for the offences alleged against the petitioners is less than seven (07) years and has sought for directions to the Police to proceed with investigation by issuing notice under Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') 5.
Perused the record. The allegations leveled against the petitioners pertain to the offence under Sections 308, 351(2), 132, 329(4) rlw 3(5) of BNS and Section 3 of PDPP Act, which attracts \ t
J ETD, J Crlp-l7552 2025 punishment of less than seven years. Hence, without going into the merits of the case, this Court deems it appropriate to direct the petitioners/accused Nos.7 and B to appear before the Investigating Officer on or before 28.01.2026 between 11 :00 a.m. and 05:00 p.m. and in turn, the lnvestigating Officer is directed to follow the procedure laid down under Section 35 (3) of the BNSS (previously \ section 41-A of Criminal Procedure Code, 1973) and also the guidelines formulated by the Hon'ble Supreme Court of lndia in i Arnesh Kumar v. State of Biharl scrupulously. However, the petitioners/accused Nos.
7 and 8 shall submit their defense and co-operate with the lnvestigating Officer as and when 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, ln case, the petitioners fail to appear before the lnvestigating Officer within the stipulated time, the lnvestigating Officer is at liberty to take necessary steps in accordance with law. 6.
Accordingly the Criminal Petition is disposed of. ' (2014) I scc 273
ETD, J Crlp -17 552 J025 7.
As a sequel, miscellaneous petitions, pending if any, shall stand closed PONNA KRISHNA TANT REGISTRAR //TRUE COPY/i ECTION OFFICER To,
1. The Judicial First Class Magistrate, at Narayanpet.
2. The Station House Officer, Narayanpet Police Station, Narayanpet.
3. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad (OUT)
4. One CC to Srr lvlahesh Kosgi, Advocate [OPUC]
5. Two CD Copies l J fd_ kr r,/Sa
HIGH COURT DATED:31 11212025 i\ a ? B Jrl'| 2u2[ ,:- ,7 *
ORDER
CRLP.No.17552 of 2025 DISPOSING OF THE CRIMINAL PETITION @ L\