Bhoyar Nilesh @ Boyer Nilesh Sambha Vs The State of Telangana

Petition under Section 528 ot BNSS 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 quash the proceedings against the petitioner/accused no.1 to 3 in Cr. No.129 of 2025 on the file of Bela Police Station, Aditabad District.

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l.A. NO: 2 OF 2025

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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 all further proceedings including the arrest of the Petitioners in Cr.No.129 of 2025 on the file of Bela Police Station, Adilabad District, during pending disposal of above criminal petition.

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This Petition coming on for hearing, upon perusing t re Memorandum of Grounds of Criminal Petition and upon hearing t le arguraents of Sri Soma Ravi Kiran Reddy, Advocate for the Petitioners ar^j Sri Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the F.r spondent 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 HON'BLE SMT. JUSTICE TIRUMALA DEVIEADA CRIMINAL PETITION No.10663 ot 2025

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ORDER:

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This criminal petition is filed seeking to^quash the^{proceedingsin} Crime No.129 ot 2025 on the file of the Station^{House Officer,Bela} Police Station, Adilabad District, registered for the^{offencesunder} Sections 115(2, 351(2) of Bharatiya^{Nyaya Sanhita, 2023 (for short} 'BNS') and 3(t )(r)(s) and 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act^(for short^{'SC&ST Act') against the} petitioners - accused Nos.1 to 3.

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Heard Mr. Soma Ravi Kiran Reddy, learned^{counselfor the} petitioners and Mr.Jithender Rao Veeramalla, learned Additional^Public Prosecutor for the respondent-State.

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Learned counsel for the^petitioners submits that^the punishment for the offences alleged against the^{petitionersis} imprisonment of less than 7^years, and therefore^{prayedto direct the} police to follow the procedure contemplated under Section 35⁽³⁾ of the Bharatiya Nagarik Suraksha Sanhita,^{2023 (for short 'BNSS').}

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Learned Additional Public^{Prosecutorsubmits to pass}

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appropriate orders in the^petition

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Perused the record. .:,. 5.

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2

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The offences alleged against the petitione^.s in the FIR are under Sections 115(2), 351(2) of Bharatiya Nyaya {i rnhita, 2023 (for short 'BNS') and 3(1 )(r)(s) of BNS and 3(2)(va) and 3(1 (rXsXc) of SC & ST Act. The punishment for the said offences is impr sonment of less than 7 years. Considering the facts and circumstances of the case and the submissions of the learned counsel for the petit < ners, this Court deems it appropriate to direct the petitioners to al) >ear before the lnvestigating Officer concerned on or before O4.Og.2Or,.. i between 11.00 a.m. and 5.00 p.m., and in turn, the lnvestigating Officer is directed to follow the procedure laid down under Section 35 (3) I' BNSS and the guidelines formulated by the Hon'ble Apex Court in Ar nesh Kumar v. state of Biharl scrupulously and the petitioners are i lso directed to

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co-operate with the lnvestigating Officer and to furri;h the requisite information and documents as and when required by hir r.

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The Criminal Petition is disposed of v ,ith the above

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directions. Miscellaneous Petitions pending, if any, she I stand closed. I^{gcc 2tt} SD/- I. SRINIVASA REDDY ;r.ru) 4€St^{irANr REG|STRAR} //TRUE COPY// ii , \t ' ll ) , I SECTTON OFFTCER \i

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To,1 The Station House Officer, Bela police Station, Adilabad 2. Two CCs ro pubtic prosecutor, nigh corrti;ii# Sffi:f Tetangana ar Hyderabad [OUT] 3. One CC to Sri Soma Ra, vi Kiran Reddy' Advocate IoPUC] 4. Two cD copies

ABK/gh

F.

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HIGH COURT

DATED: 2'110812025

ORDER