Disposed

Kalvakuntla Thejeshwar Rao @ Kalvakuntla Kanna Rao, v. The State of Telangana

Telangana HC2 Sept 2024CRLP/10107/2024

Case brief

AI extract

What is this about?

The High Court disposed of a criminal petition under BNSS Section 428 seeking quashing of proceedings and stay of action. Deeming the prescribed punishment less than seven years, the Court directed the petitioner to appear before the Investigating Officer without adverting to merits, citing Arnesh Kumar guidelines. The petition was disposed of.

What did the court decide?

Directed the petitioner to appear before the Investigating Officer; police to follow Section 35(3) BNSS and Arnesh Kumar guidelines; PETITION DISPOSED.

Kalvakuntla Thejeshwar Rao @ Kalvakuntla… — Contract and Commercial Disputes | Telangana HC (2024)

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HIGH COURT FOR THE STATE OF^TELANGANA

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MONDAY ,THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SMT JUSTICE K. SUJANA

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CRIMINAL PETITION NO: 10107 OF 2024

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Between:

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Kalvakuntla Thejeshwar Rao @ Kalvakuntla Kanna^{Rao. S/o. LateKalvakuntla} Ranga Rao, Ag6d 46 Years, Occupation. Business,^{R/oH.No.1-5-1055/61, Flat} No-2:02, Garudadri Nilayam, Old Alwal, Sai^{Baba Nagar Colony, Secunderabad-} 500010,

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...PETITIONER/ACCUSED No-2

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AND

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I The State of Telangana, Rep. by its^{Public Prosecutor through BaclypallY} Police Station, Cyberabad Commissionerate,^{at l/edchal-Malakjgiri District,} Telangana.

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Vemulapalli Sudhakar Prasad, S/o. V.^Kotaiah, Aged about 50 years, Occupation: Business, R/o Flat^{No 301/A,} Anushka Trends, 2023, B.N.Reddy colony, Banjara Hills,^Hyderabad.

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...RESPONDENT/DEFACTO COMPLAINANT

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Petition under Section 528 of^{B.N.S.S., prayingthat in the circumstances} stated in the Memorandum^{of Groundsof CriminalPetition, the High Court may} be pleased to call for the records^{in connection with the F.l-R.No- 328of 2024 On} the file of the P.S. Bachupally^{Police Station, CyberabadCommissionerate,} Medchal-Malkajgiri District, Telangana^{and the same maybe quashed against the} petitioner / Accused No-2.

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l.A. NO: 2OF 2024

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Petition under Section 528 of B.N.S^{S., prayingthat in the circumstances} stated in the Memorandum of Grounds^{of Criminal Petition,the High Courtmay} be pleased to stay of all further^{proceedings against the Petitioner/AccusedNo-2} in connection with the F.l.R.^{No 328 ot 2024On the file of the P.s. Bachupally}

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Police Station,^rl '/berabad Commissionerate, Medchal-Malkajgiri^District, Telangana, pendinll finalization of the Criminal Petition.

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This Petition coming on for hearing, upon^perusing the lvlemorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri M/S^JIMS Law Firm Advocates Anrl Associates, Advocate for the Petittoner and of Sri Arun kumar Doddla, the,Additional Public Prosecutor for the State of Telangana 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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( (

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THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No. 1O1O7 of 20.24

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ORDER:

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This Criminal petition is hled under Section S2g of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short BNSS) by the petitioner/accused No.2 seeking to quash the proceedings against him in Crime No.32B of 2024 on the file of Bachupally Police Station, Cyberabad, registered for the alleged offences punishable under Sections 420, 468, 442,384, 323, 506 and 5O4 read with 34 of the Indian penat Code, 1860.

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Heard M/s.JMS Law Firm, learned counsel for the petitioner and sri Arun Kumar Doddla, learned Additionar public Prosecutor for respondent No.l _ 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 (07) years, this Court deems it appropriate to direct the petitioner to appear before the Investigating Officer on or before I3.Og.2024 between I l:00 a.m. and O5:OO p.m. and in turn, the Investigating. Ofhcer is directed to follow the procedure laid down under Section 4l_A of Criminal Procedure Code, 1973 (presently, Section 35 (3) of the BNSS) and

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also the guidelines formulated by the Hon'ble Supreme Court of India in Arnesh Kumar a. State of Bihorr scrupulously. However, the petitioner shall submit his defense and co-operate with the Investigating Officer as and when required by furnishing information zrnd produce all relevant documents/ material required for the purpose of the investigation and the Investigating Officer shall consider the sarne before filing appropriate report before the learned Magistrate concerned.

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4 Accordingly, the Criminal Petition is disposed of.

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Misc:ellaneous applications, if any pending, shali also

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stand closed

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Sd/- V. KAVITHA ASSISTANT REGISTRAR //TRUE COPY// \r\L-' SECTION OFFICER

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