Disposed

D. K. Kanniraj v. The State of Telangana

Telangana HC3 Sept 2024CRLP/9429/2024

Case brief

AI extract

What is this about?

Petitioner sought quashing of FIR proceedings for BNS and IT Act offences. Without going into merits, the court directed him to appear before the Investigating Officer by a set date and directed the officer to follow BNSS Section 35(3) procedure and Arnesh Kumar guidelines.

What did the court decide?

Petition disposed; petitioner to appear before Investigating Officer on or before 13.09.2024; IO to follow Section 35(3) BNSS procedure and Arnesh Kumar guidelines.

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

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[^338s ]

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IN THE HIGH COURT FOR THE STATE OF^TELANGANA AT HYDERABAD

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TUESDAY, THE THIRD DAY OF SEPTEMBER IWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SMT JUSTICE K. SUJANA

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CRIM INAL PETITION NO: 9429 OF 2024

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Between:

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D K Kanniraj, S/o. Kannisah, Aged about 47^{years,Occ. Proprietor, O/o. Shop} No. 609, 6th Floor, White House Building, Begumpet,^Hyderabad

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...Petitioner / Accused No.¹

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AND

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The State of Telangana, Rep. by its Public Prosecutor,^{through Police Station} Panjagutta, Telangana State, Hyderabad

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Mahesh Kumar Aerram, S/o. Kannisah, Aged^{about 40 years, Occ. Nodal} Officer, O/o. M/s Tata Teleservices Ltd, Gyanpeeth,^{Plot No. 1 to 5, Hardware} Park, It/aheshwaram Mandal, Ranga Reddy^District

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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 Crime No. 827 of 2024 for the offences under Sections 316 (2), 318⁽⁴⁾ BNS, 4,20,21 ,25^{UTFA, 66C,66D lT Act, 2008 on the} fale of Police Station, Panjagutta, Hyderabad.

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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 of all further proceedings in Crime No.827 of 2024^for the offences under Sections 316^{(2),318(4) BNS,4,20,21} ,25^{UTFA, 66C' 66DlT} Act, 2008 on the file of Police Station, Panjagutta,^{Hyderabad pending disposal of} the Criminal Petition.

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, This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminar petition and upon hearing the arguments of sri Raporu Bhaskar, Advocate for the petitioner and the Additionar pubric 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 No.9429 of 2024

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ORDER:

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This Criminal Petition is filed under Section 528 Bharatiya Nagarik Suraksha Sanhita (for short 'BNSS) ro quash the proceedings against the petitioner/accused No. I in Crime No.827 of 2024 of Panjagutta Police Station, Hyderabad, registered for the offences punishable under Sections 316(2) and 318(a) ol Bharatiya Nyaya Sanhita (BNS) Sections 3 and 6 IWTA Sections 66C and 66D Information Technolory Act, 20O8.

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2 Heard Sri Rapolu Bhaskar, learned counsel for the petitioner and Sri Arun Kumar Doddla, learned Additional Public Prosecutor lor respondent No.1 - State.

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Without going into the merits of the case, since the punishment prescribed for the offences alleged against the petitioner is less than seven (07) years, this Court deems it appropriatc to direct the petitioner to appear belore the lnvestigating Officer on or before 13.09.2024 between I 1:00 a.m. and O5:O0 p.m. and in turn, the Investigating Officer is dirccted to follow' the procedure laid down under Section 35 (3) of the Bharati-va Nagarik Suraksha Sanhita (for short^'BNSS)

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previously section 41-A of Criminal Procedure Code and also the guidelines formulated by the Honble Supreme Court of India in Anr.esh Kumar u. State of Blhort scrupulously. However, the petitioner shall submit his defense and co-operate with the Investigating O[ficer as and when required by furnishing information and produce all relevant documents/material required for the purpose of the investigation and the Investigating Officer shall consider the same before liling appropriate report before the learned Magistrate concerned.

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4 Accordingl-1', 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/. N. SRIHARI ASSISTANT REGISTRAR

,TRUE COPY/i

SECTION OFFICER

To,

The XIV Additional Chief Judicial Magistrate at Nampally, Hyderabad

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The Station House Officer. Panjagutta PS, Hyderabad District

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Two CCs to the Public Prosecutor. High Court for the State of Telangana, Hyderabad [OUT]

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One CC to Sri Rapolu Bhaskar, Advocate [OPUC]

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Two CD Copies

VA/gh\x

'120ra1^{a scc zu:}

HIGH COURT

DATED:0310912024

ORDER

CRLP.No.9429 of 2024

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DISPOSING OF THE CRLP

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D. K. Kanniraj v. The State of Telangana

Case brief

What is this about?

What did the court decide?

D. K. Kanniraj v. The State of Telangana

Case brief

What is this about?

What did the court decide?

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