High Court directed Investigating Officer to follow Arnesh Kumar guidelines considering notice issued. Disposed criminal petition seeking quashment of proceedings under BNSS sections.
Investigating Officer directed to follow Arnesh Kumar guidelines and complete investigation.
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.
13257 1
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
FRIDAY, THE TWENTY SECOND DAY OF NOVEMBER TWO THOUSAND AND TWENry FOUR PRESENT
THE HONOURABLE SMT JUSTIGE JUWADI SRIDEVI
CRIMINAL PETITI ON NO: 12685 OF 2024
Between:
AND
Petition under Section 528 of B.N.S.S., praying that in the circumstances stated in the Memorandum of Grounds of criminai petition, the High court may be pleased to quash the proceedings against the petitioners/Accused No.t and 2 in Cr.No.349/2024 of P.S.Gopalapuram, Hyderabad in the interest of justice.
I.A. NO: 2 OF 2024
Petition under section 482 of cr. p.c 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 the a-rrest of the Petitioners/Accused No.1 and 2 in Cr.No.349t2O24 of p.S_Gopalapuram, Hyderabad.
This Petition coming on for hearing,upon perusing the Memorandum of Grounds of criminar Petition and upon hearing the arguments of sri MoHD MUZAFFER ULLAH KHAN, Advocate for the petitioner and of Sri Jithender Rao veeramalla, the Additionalpublic prosecutor for the state of relangana on behalf of the Respondent No.1 and None Appeared for the Respondent No.2.
The Gourt made the following: ORDER
HON'BLE SMT. JUSTICE JTIWADI SRIDEVI CRIMINAL PETITION No.12685 OF 2024
ORDER:
This Criminal Petition is filed under Section 528 Bharatiya Nagarik Suraksha Sanhita (for short 'BNSSJ by the petitioners/ accused Nos. 1 and 2 seeking to quash the proceedings against them in Crime No.215 of 2Cr24 of Police Station SIT, CCS, Hyderabad, registered for the all:ged offences punishable under Sections 299, 192, 196, 223, 49, 238,352, 353 of Bharatiya Nyaya Sanhita (for short BNS') ,end Sections 21176 of CPA.
2, Heard Sri Mohad. Muzaffarullah Khal, learned counsel for the petitioners and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for respond.ent No.1-State and perused the record.
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Bihart scrupulously and shal1 consider the explanationoffered by the petitioners and completethe investigationin accordance with law.
Miscellaneous applications, if anypending,shall also
stand closed.
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HIGH COURT
DATED:2211'112024
ORDER CRLP.No.12685 ot 2024
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DISPOSING OF THE CRL.PETITION
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1 issue framed by the court
Whether the proceedings against petitioners should be quashed given that a notice under Section 35(3) of BNSS has already been issued.
Colour shows how this judgement treated each authority
Arnesh Kumar v. State of BiharReferred¶23
Arnesh Kumar v. State of Bihar
3 provisions across 2 enactments
Munwar Zama @ Munawar Zama
Mohammed Kafeel Ahmed @ Kafeel Ahmed
The State of Telangana
Sri L. Suresh
Juwadi Sridevi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
