The High Court disposed of a petition under Section 528 of BNSS seeking quashing of proceedings. Directing the petitioner to appear before the Investigating Officer per Section 35(3) BNSS and Arnesh Kumar guidelines as punishment is less than seven years.
Order directed petitioner to appear before Investigating Officer and case disposed.
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.
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IN TI{E HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
WEDNESDAY, THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENry FOUR
PRESENT
THE HON'BLE SMT. JUSTICE K. SUJANA
CRIMINAL P ETITION No: 10348 of 2024
Between:
Kadarla Saty^anafayana, S/o Late Agaiah, Age: 59 years, Occ: Government teacher ruo Gangadhara Village and Mandal, Karimnagar district.
...Petitioner/Accused No..l
AND
Petition under Section 528 of BNSS praying that in the circumslances stated in the Memorandum of Grounds of criminal petition, the High court may be pleased to Quash the FIR in Crime No.1g7 of 2024 on the file of p.S. Gangadhara, Karimnagar District against the petitioner /Accused No. 1.
l.A. NO: 1 OF 2 024
Petition under Section 528 of BNSS prayinq that in the circumstances stated in the Memorandum of Grounds of Criminal petition, the High Court may be pleased to grant stay of all further proceedings including irrest of the Petitioner/Accused No. 1 in Crime No. 187 of iOZq on the fite of p.S. Gangadhara, Karimnagar District pending disposal of the Criminal petition.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri N. MUKUNDA REDDY, Advocate for the pelitioners and the Sri ARUN KUMAR DODDLA, Additional Public Prosecutor on behalf of the Respondent No.1 and None Appeared for the Respondent No.2.
The Court made the following: ORDER
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THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.1O348 of 2024
ORDER:
JhisCriminal Petition isfiled under Section 528 Bharatiya Nagarik Sirraksha Sanhita (for short tsNSS) by the petitioner/ accused No.1 seeking to quash the proceedings against him in Crime No. 187 of 2024 on the file of Gangadhara Police Station, Karimnagar, registered for the alleged offences punishable under Section 42O of the Indian Penal Code, 186O (for short 1PC).
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previously section 41-A of Criminal Procedure Code and also the guidelines formulated by the Hon'ble Supreme Court of India in Arnesh Kumar o. State of Bihart scrupulously. However, the petitioner shall 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 filing appropriate report before the learned Magistrate concerned.
.
Miscellaneous applications, if any pending, shali also
stand closed.
sd/- v. A ASSISTANT REGI RAR
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ORDER
CRLP.No.10348 of 2024
DISPOSING OF THE CRIMINAL PETITION
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1 issue framed by the court
Whether the High Court should quash the proceedings under Section 528 of BNSS when the prescribed punishment is less than seven years.
3 provisions across 2 enactments
Kadarla Satyanarayana
State of Telangana
Kadarla Venkatachary
K. SUJANA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
