Petitioners accused under BNS Sections 318(4), 336(4) and 340(2) sought quashing of FIR in Crime No. 1207 of 2024. Without deciding merits, court directed them to appear before the Investigating Officer and directed adherence to Section 35(3) BNSS and Arnesh Kumar guidelines.
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[338s ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
FRIDAY, THE TWENTIETH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT JUSTICE K. SUJANA
CRIMINAL PETITION NO: 11116 OF 2024
Between:
Both are R/o. H.No. 2-2-64712731511, Bagh Amberpet, Hyderabad _ 13
...Petitioner / Accused No. 1 & 2
AND
...Respondents / Complainant
Petition under Section 528 of BNSS praying that in the circumstances stated in the lvlemorandum of Grounds of Criminal petition, the High Court may be pleased to call for records in crime No. 1207 of 2024 date 13-09-2024 on the file of the Uppal P.S. Rachakonda Commissionerate, and Amberpet p.S. Complaint dated 10-08-2o24 vide Acknowtedgement No. HYD/AMBT HyDl1oo}24to2o16 and quash the same in so far as the petitioners.
l.A. NO: 2 OF 2024
Petition under section 482 of cr.p.c. praying that in the circumstances stated in the lvlemorandum of Grounds of criminal petition, the High court may be pleased to stay all further proceedings in Crime No. 1207 of 2024 date 13-09-2024, pending before the P_S. Uppal, Rachakonda Commessionerate.
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This Petition coming on for hearrng, upon perusing ttre Memorandum of Grounds of Criminal Petition and upon hearing the argument:; of lVl/s V Venkata Subramanyam, Advocate for the Petitioners and S'i 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.11116 of 2024
ORDER:
This Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (for short 'BNSSI by the petitioners/ accused Nos.1 and 2 seeking to quash the proceedings against them in Crime No.l2O7 of 2024 of Uppal Police Station, Rachakonda C&rmissionerate, registered for the alleged offences punishable under Sections 318(4), 336(41, 340(21 of the Bharatiya Nyaya Sanhita (for short 'BNSJ.
2
the guidelines formulated by the Hon'ble Sup,lsrn5 Court of India in Antesh Kumar v. State of Bihart scrr.rpulously. However, the petitioners shall submit their defense zrrd r,o-operate with the Investigating Officer as and when required by furnishing information and produce all relevant <Iocurnents/ material required for the purpose of the inve stigat-ion and the Investigating Officer sha1l consider the same before hling appropriate report before the learned Magistr;lte concerned
Miscellaneous applications, if any pending, shall also
stand closed
Sd/- N. SRI ARI ,ASSISTANT REGIS RAR
//TRUE COPY//
SECTION OFFICER
VA/DL
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HIGH COURT
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DATED:2010912024
ORDER
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CRLP.No.11116 of 2024
DISPOSING OF THE C RLP
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2 issues framed by the court
Whether proceedings in Crime No. 1207 of 2024 against the petitioners should be quashed.
How the investigation should proceed given offences punishable with imprisonment below seven years.
Colour shows how this judgement treated each authority
Arnesh Kumar v. State of BiharApplied
Arnesh Kumar v. State of Bihar
5 provisions across 2 enactments
K Anand Kumar
K Vanadana Rani
State of Telangana
K Kavitha
K. Sujana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
