Chirumani Padma Vs The State of the Telangana

l The State of the Tetangana, through porice Vemurapary, Nargonda District represented bv the pubric prosecut6r, High court t"iint'stii" ii'i;ir;&rr, Hyderabad

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Yashodha Kola, W/o. Mallaiah, age.46 years, Occupation . Agriculture R./o shetttiparem viilage of Vemuta[art/ triranoii N]gonda'Districi.^' "^-- '"'-

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...Respondents/Complainant

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Petition under section 528 of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of criminar petition, the High court may be preased to Quash the F.r.R. in crime No. gg of 2025 0n the fire of p.S Vemulapally Mandar, Nargonda District against the petitioners/A-2.

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l.A. NO: 1 OF 2025

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Petition under section 52g of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of criminar petition, the High court may be pleased to Stay aI further proceedings incruding arrest of the petitionersi A-2 in crime No. 99 of 2o2s on the fire of p.s. vemurapaily Mandar, Nargonda District pending disposal of the quash 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 Mr K.SREENIVAS, Advocate for the Petitioner and [/r. JITHENDER RAO VEERAMALLA, the Additional Public Prosecutor (TG) on behalf of 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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7/

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HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA

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CRIMINAL PETITION No.10512 ot 2025

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ORDER

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This Criminal Petition is filed under Section 528 Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') by the petitioner/accused No.2 seeking to quash the proceedings against her in Crime No.99 of 2025 on the file of Vemulapally Police Station, Nalgonda District, registered for the alleged offence punishable under Section 318 (4) of Bharatiya Nyaya Sanhita, 2023 (for short 'BNS')

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Heard Mr.K.Sreenivas, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent No.1-State.

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Though this petition is filed 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.).

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ETD, J Crl.P I0.5 l2 202-5

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)

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4 Learned Additional^public prosecutor has not disputed the same

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5 Considering the submissions of both the counsel and on perusal of the material available on record, it is seen that the allegations are under Section 31g (4) of BNS and the punishment prescribed for the said offence alleged against the petitioner is less than seven (07) years. Hence, without going into the merits of the case, this Court deems it appropriate to direct the petitioner to appear before the rnvestigating officer on or before 03.0g.2025 between 11:00 a.m and 05:00 p.m. and in turn, the lnvestigating officer is directed to foilow the procedure raid down under section 35 (3) of the BNSS (previousty section 41_A of Criminal Procedure Code,^'1973) and also the guidelines formulated by the Hon'ble Supreme Court of lndia in Arnesh Kumar v. State of Brharl scrupulously. However, the petitioner shall submit her defense and co-operate with the lnvestigating Officer as and when required by furnishing information and produce all relevant documents/materiar required for the purpose of the investigation

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'^{(2014) 8 scc273}

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3

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E'TI). J Crl-P 10512 202-5

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and the lnvestigating Officer shall consider the same and shall

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complete the investigation strictly in accordance with law.

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6 With the above said observations, this Criminal Petition is