The High Court refused to quash criminal proceedings against the petitioner. Instead, it directed the police to investigate by issuing a notice under Section 35(3) of BNSS and to follow the guidelines in Arnesh Kumar.
Proceedings not quashed. Police directed to issue notice under Section 35(3) of BNSS to proceed with 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.
t32571
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
WEDNESDAY, THE TWENTY SEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENW FOUR
PRESENT
THE HON'BLE SMT. JUSTICE JUWADI SRIDEVI
CRIMINAL PETITION No: 121441 ot 2024
Between:
S. Suresh Kumar, S/o. S.Laxminarayana, Age: 68 years, Occ: Private Employee, R/o. H.No.2-2-64110lA, Flat.No.2, Sai Ramakrishna Apts, Bagh Amberpet, Hyderabad-500013.
,.Petitioner/Accused No.2
AND
The State of Telangana, Through its Public Prosecutor, High Court of Telangana.
RespondenUComplainant
Petition under Section 528 of B.N.S.S. 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 Crime No. 348 of 2024, which is pending on the file of the Hon'ble lV Addl. Chief Judicial Magistrate at NampaHy, Hyderabad so far as the Petitioner/ Accused No.2 is concerned.
l.A. NO: 2OF 2024
Petition under Section 528 of B.N.S.S. praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay further proceedings including arrest of the Petitioner/ Accused No.2 in Crime No. 348 of 2024, which is pending on ttle file of the Hon'ble lV Addl. Chief Judicial Magistrate at Nampally, Hyderabad, till the disposal of the above Quash Petition.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition aM upon hearing the arguments of Sri V.M. Krishna Reddy, Advocate for the Petitioner and the Sri Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Sote Respondent.
The Court made the following: ORDER
I t
/
HON'BLESMT. JUSTICE JUWADI SRTDEVT CRIMINALPETITION No.14441of2024
ORDER:
Petitioner,who is accusedNo'2 in Crime No'348 of 2024 of P.S.Kachigud4registeredfor the offencesunder Sections 143 and 144(2)ofBNS, 2023and Sections 3 to 5 of PITA Act' is seekingto quash the proceedings against him'
2.HeardSriV.M'KrishnaReddy'leamedcounselfor petitionerand Sri Jithender Rao Veeramall4learned Additional PublicProsecutor appearingfor the State and perusedthe record'
2
II
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concerned to proceed with the investigation in the above crime after issuing notice under Section 35(3) of BNSS (previously Section 4l-A of Cr.p.C.) to the petitioner/accused No.2 and they shall also follow the guidelines of Hon,ble Supreme Court in Arnesh Kumsr v. State of Bihar and anotherl. However, the petitioner shall submit his defense and co_operate with the Investigating Officer as and when required by fumishing information and produce all relevant documents/material required for the purpose ofthe investigation and the Investigating Officer shall consider the same before filing appropriat€ report before the Iearned Magistrate concerned.
Pending miscellaneous applications, if any, shall stand
closed.
Sd/- S. MALLIKARJUNARAO i(3"w) $Sce agt ASSISTANT REGISTRARI /TTRUE COPY// 6/ SECTION dFFICER
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HIGH COURT
DATED:2711112024
ORDER
CRLP.No.14441 ot2024
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DISPOSING OF THE CRIMINAL PETITION
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2 issues framed by the court
Whether proceedings under Sections 143 and 144(2) of BNS and PITA Act should be quashed in favour of Accused No.2.
Whether directions should be issued to the Police to issue notice under Section 35(3) of BNSS instead of quashing proceedings.
Colour shows how this judgement treated each authority
Arnesh Kumar v. State of Bihar and anotherFollowed¶30
Arnesh Kumar v. State of Bihar and another
5 provisions across 3 enactments
S. Suresh Kumar
The State of Telangana
Justice Juwadi Sridevi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
