The High Court dismissed the petition for quashing criminal proceedings, directing the petitioners to surrender to the investigation officer and prove their innocence rather than quashing the FIR based on lack of averments regarding specific offences.
Direction to appear before Investigating Officer; Petition disposed of without quashing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[338s ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA A,T HYDERABAD
WEDNESDAY, THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT JUSTICE K. SUJANA
CRIMINAL PETITION NO: 10250 OF 2024
Between:
,..Petitioners/Accused No.'t I & 21
AND
...RespondenUDefacto Complainant
Petrtion under Section 528 of BNSSpraying that in the circumstances stated in the Memorandum of Grounds of CriminalPetition,the High Court may be pleased to Quash the Crime.No.550 o'f 2024 On the fileKarimnagarll Town police station, forthe offences U/Sec.318(4),338,336(3), 340(2),308(5),61(2), 351(3), 3(5) of BNS 2023, against thepetitioner.
l.A. NO: 2OF 2024
Petition under Section 528 of BNSSpraying thatin the circumstances stated in the Memorandum of Grounds of Criminal Petition,theHigh Court may be pleased togrant stay of all furtherproceedingsin Crime.No.SSOof 2O24On the file Karimnagar ll Townpolice station,for theoffences U/Sec. 318(4),338' 336(3), 340(2), 308(s), 61(2), 351(3),3(5) of BNS2023., pending disposal of the above criminalpetition.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Thoom Srinivas, Advocate for the Petitioner and Sri E.Ganesh, Assistant public Prosecutor on behalf of the Respondent No.1 and None appeared for the Respondent No.2.
The Court made the following: ORDER
//
/
, I
/t
THE HON'BLE SMT. JUSTICE K. SUJANA
PETITIONNO .ro2 50 0F o24
ORDER:
This Criminal petition is filed under Section 52g of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short .BNSSJ to quash the proceedings against the petitioners in crime No.55o of 2024 ol Karimnagar I[ Town police Station, Karimnagar, registered for the offences punishable under Sections 3 I S (a), 338,336 (s),34o (2), s08 (s),61 (2),3s1 (3),3 (s) of Bharatiya Nyaya Sanhita,2023 (for short .BNSI.
2
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under Section 35 (3) of BNSS ar-rd also the guidelines formulated by the Honble Supreme Court in Arnesh Kumar v. Sttte of Biharr scrupulously. Hou,ever, petitioners shall co-operate with the Investigating Officer as and when required by furnishing information and documents as sought by him in concluding the investigation. The petitioners shall file all the documents, which they ought to hle to prove that ir do not come under the criminal offences and the Investigating Officer shall consider the same before filing appropriate report before the Magistrate.
4 Accordingly, thc Crintinal petition is disposed of.
Miscellaneous petitions. if any, pending shall stand
closed.
SD/.K.VENKAIAH ASSISTANT REGISTRAR //TRUE COPY//
sEc ER
To,
l The station House officer, Karimnagar I Town porice Station, Karimnagar. 2 Two ccs to the pubric prosecutor, High court for the state or'retanga;"a ;i Hyderabad [OUT]
SVS
s
'(2014)8 SCC273
I
HIGH COURT
DATED:0410912024
ORDER
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CRLP.No.10250 ot 2024
DISPOS!NG OF THE CRLP
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2 issues framed by the court
Whether to quash criminal proceedings against petitioners under multiple sections of BNS 2023 without investigating their personal explanation.
Whether to grant stay of proceedings pending disposal of the quashing petition.
Colour shows how this judgement treated each authority
Arnesh Kumar v. State of BiharReferred¶29
(2014)8 SCC273
2 provisions across 2 enactments
Bollineni Srujan Rao
Duvanthula Laxma Reddy
The State of Telangana
Neerumalla Shyamsunder
K. Sujana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
