Disposed

D. Bhanu Chander v. The State of Telangana

Telangana HC19 Nov 2024CRLP/13220/2024

Case brief

AI extract

What is this about?

The High Court disposed of the petition to quash FIR proceedings without going into merits. Instead, it directed the police to proceed with investigation by issuing notice under Section 35(3) of BNSS and following Arnesh Kumar guidelines, with the petitioner cooperating with the investigation.

What did the court decide?

Directed police to issue notice under Section 35(3) BNSS and proceed with investigation; petitioners to cooperate.

D. Bhanu Chander Vs The State of Telangana — Quashing and FIR | Telangana HC (2024)

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13257l

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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TUESDAY, THE NINETEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SMT JUSTICE JUWADI SRIDEVI

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CRIMINAL PETITION NO: 13220 OF 2024

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Between:

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D. Bhanu Chander, S/o. Sri D. Ramesh, Aged about 41 Years, Occ. GoldSmith, R/o. H-No. 2-3-7636/A, Flat No. 103, Kalidindi Apartments, Near Sai Baba Temple Lane, Golnaka, BTC Amberpet, Hyderabad - 500 013, Telangana State

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...Petitioner / Accused

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AND

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1 . The State of Telangana, Rep. by its Public ProsecGor, High Court Complex, High Court, at Hyderabad.

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The Station House Officer, INSP Administration, Detective Department, Central Crime Station, OId Commissioner Office, Baseerbagh, Hyderabad, Telangana - 500 029.

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...Respondent

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K. Balagopalan, S/o. Sri K..P.N. Kartha, Aged about 58 Years, Occ. Asst. General Manager, Bank of lndia, Khairatabad, Hyderabad, Office at. D-No. 10-1-119912, PTI Building, Ground Floor, AC Guards, Masabtank, Hyderabad - 500 004.

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...Respondent / De-facto Complainant

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Petition under Section 528 of BNSS praying that in the circumstanceO stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records relating to and connected with Crime (FlR) No. 213 of 2024, dated. 1911012024 filed U/s 316(2), 316(5), 318(4) rlw 61(2) of BNS Ac| 2023 pending on the file of the Station House Officer, INSP Admin (DD), Central Crime Station, Hyderabad and quash the same

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l.A. NO: 2 OF 2024

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Petition under section s28 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminal petition, the High court may be pleased to grant stay of alr further proceedings in crime (FlR) No.213 of 2024, dated. 19110t2024 fired u/s 316(2), 316(5), 318(4) r/w 61(2) of BNS Act, 2023 pending on the fite of the station House officer, lNSp Admin (luD), central crime station, Hyderabad, including the arrest and personal appearance of the Petitioner/Accused herein.

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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 Bondempally Ramulu, Advocate for the petitioner and the Additional public prosecutor (TG/AP) on behalf of the Respondent No. i.

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The Court made the following Order:-

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-7 ir

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HON'BLE SMT. JUSTICE JUWADI SRIDEVI

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CRIMINAL PETITION No.1322O OF 2024

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ORDER:

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Petitioner, who is accused in Crime No.213 of 2024 of INSP ADMIN (DD) Police Station, Hyderabad, registered for the offences under Sections 316(2),316(5), 318(4) read with 61(2) of Bharatiya Nyaya Sanhita is seeking to quash the proceedings against him.

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Heard Sri B. Ramulu, learned counsel for petitioner and Sri Jithender Rao Veeramalla, learned Additiona_l Public Prosecutor appearing for respondent No.1-State and perused the record.

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Though this petition is liled for quashing the proceedings in the crime, during the course of arguments, learned counsel for petitioner has sought for directions to the Police to proceed with investigation by issuing notice under Section 35(3) of Bharatiya Nagarik Suraksha Sanhita (BNSS) (Previously Section 41-A of Cr.P.C.).

T
{F

In view of the above, without going into merits of the matter, this criminal petition is disposed of directing the Police concerned to proceed with the investigation in tJle above crime after issuing notice under Section 35(3) of BNSS (Previously Section 41-A of Cr.p.C.) to the petitioner/accused and he shall also follow the guidelines of Hon'ble Supreme Court in Arnesh Kumar v. State of Bihar and anotherl. The petitioner shall co-operate with the investigating officer in concluding the investigation.

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Miscellaneous petitions pending, if any, shall stand closed.

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Sd/- A.V.S. PRASAD ASSISTANT REGISTRAR //TRUE COPY//

-t /

SECTION OFFICER

To,

l.TheXllAdditionalChiefMetropolitanMagistrate'Nampally,Hyderabad. 2. The Station House^{officer, INSP Admin (DD) P.S., Centralcrimestation,} Hyderabad

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3.TwoCCstothePublicProsecutor,HighCourtfortheStateofTelangana' Hyderabad [OUT].

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One CC to SRI Bondempally^{Ramulu,Advocate [OPUC]} 5. Two CD CoPies

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HIGH COURT

DATED:19111t2024

ORDER

CRLP.No.13220 of 2024

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DISPOSING OF THE CRLP

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D. Bhanu Chander v. The State of Telangana

Case brief

What is this about?

What did the court decide?

D. Bhanu Chander v. The State of Telangana

Case brief

What is this about?

What did the court decide?

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