Disposed

Pasumarthi Mallikarjuna Rao v. The State of Telangana

Telangana HC20 Sept 2024CRLP/11163/2024

Case brief

AI extract

What is this about?

The High Court dismissed a petition under Section 528 of BNSS seeking quashing of FIR proceedings. Instead of quashing, the Court directed the petitioner to appear before the Investigating Officer and the IO to follow Section 35(3) of BNSS and Arnesh Kumar guidelines due to the alleged offence being punishable by less than seven years imprisonment. The petition was disposed of without going into m

What did the court decide?

Weight of the proceedings to oppose a quashing petition (for off voited by the petitioner to appear: The court shall be disposed to appear before the Investigating Officer in person in the Order I.S,

Pasumarthi Mallikarjuna Rao Vs The State of Telangana — Quashing and FIR | Telangana HC (2024)

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[³³⁸⁵ I

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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FRIDAY, THE TWENTIETH 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:^'11163 OF 2024

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Between:

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Pasumarthi Mallikarjuna Rao, S/o. Late PB Punna Rao, Aged 60 years, Occ Business, Rio. Plot No. 100, Road No.6, Vasavi Colony, Kothapet, Hyderabad

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...Petitioner / Accused No. 2

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AND

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The State of Telangana, Rep. by its Public Prosecutor, High Court of for the State of Telangana, at Hyderabad

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...Respondent No. 1/ State

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Palde Prasad, S/o- Late Palde Poshetty, Aged 64^years, Occ. Business,^R/o. H.No. 4-2-1241111 , Ram Sai Colony, Adilabad, Telangana

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...Respondent No. 2 / Defacto Complainant

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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 in FIR No. 33712024 P-S. Kachiguda u/sec. 316(2), 318(4), 351(2) BNS against the Petitioner / Accused No.^2.

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l-A- NO: 2 OF 2024

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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 proceedings including arrest of the of the Petitioner^/ Accused No. 2 in FIR No. 33712024 P.S. Kachiguda u/sec. 316(2), 318(4),³⁵¹⁽²⁾ BNS pending disposal of the above Criminal Petition.

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This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of sri V yadu Krishna sainath, Advocate for the petitioner and sri Arun Kumar Doddla, Additional Public Prosecutor 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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THE HONOURABLE SMT. JUSTICE K.^SUJANA CRIMINAL PETITION N0.11163 of2024

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ORDER:

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This Criminal Petition is hled under^{Section528 of the}

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'Bharatiya Nagarik Suraksha Sanhita (for short tsNSSJ by the petitioner/ accused No.2 seeking to^{quash the proceedings} against him in Crime No.337 of 2024^{of KachigudaPolice} Station, Hyderabad District, registered^{for the allegedoffences} punishable under Sections 316(2), 318(4),^{351(2) BNS Bharatiya} Nyaya Sanhita (for short BNS1.

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Heard Sri V. Yadu Krishna Sainath,^{learnedcounsel for} \ the petitioner and Sri Arr.-rn Kumar^{Doddla, learned Additional1-} Public Prosecutor for respondent No.l -^{State.Perusedthe} record.

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Without going into the merits of^{the case, since the} punishment prescribed for ttre offences alleged^{against the} petitioner is less than seven⁽⁰⁷⁾ years,^{this Courtdeems it} appropriate to direct ttre petitioner^{toappear beforethe} Investigating Ofhcer on or before 0l^{.1O.2O24 between1 1:0O a'm'} and O5:OO p.m. and in tum, the^{lnvestigatingOfficeris directed} to follow the procedure laid down^{underSection35 (3) of BNSS}

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(previously section 4 I -A of Criminal procedure Code) and also the guidelines formulated by the Honble Supreme Court of India in Arnesh l{umar v. State of Biharr scrupulously. However, the petitioner shall submit his defense and co_operate with the Investigating Oflicer as and when required by furnishing information and produce all relevant documents/material required for the purpose of tlle investigation and the Investigating Officer shall consider the same 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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Miscellaneous applications, if any pending, shall also

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stand closed.

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Sd/- T. JAYASREE ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

The lV Additional^{Chief Judicial trilagistrate at Nampally, Hyderabad}

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The Station^{HouseOfficer, Kachiguda PS, HyderabadDistrict}

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Two CCs to the^{Public Prosecutor, HighCourt for the State of Telangana'} Hyderabad [OUTI

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a. One CC to Sri^{V Yadu Krishna Sainath,Advocate} [OPUC] 5. Two CD Copies

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HIGH COURT

DATED:2010912024

ORDER

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CRLP.No.11163 of 2024

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DISPOSING OF THE CRLP

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Pasumarthi Mallikarjuna Rao v. The State of Telangana

Case brief

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Pasumarthi Mallikarjuna Rao v. The State of Telangana

Case brief

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