Dolu Ramulu Vs The State of Telangana

¶1

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

¶2

MONDAY, THE TWENTY FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE

¶3

PRESENT

¶4

THE HONOURABLE SMT JUSTICE TIRUMALA DEVI EADA

¶5

CRIMINAL PETITION NO: 10826 OF 2025

¶6

Between:

¶7

Dolu Ramulu, Sio Yellappa, Age. 59^yrs, Occ. Agriculture,^{R/o. Patherched} Village, Maharajula cotony, Narva Mandal, Narayanpet District, Telangana509353.

¶8

Tirupathi alias Dolu Thitupathaiah, S/o^Ramulu Age. 33^years,Occ. Agriculture, R/o.H.No.3-98 Sc Colony, Patherched^{Village, Narva Mandal,} Narayanpet District, Telangana-509353.

¶9

Manyam, S/o D. Ramulu Age. 30^yrs, Occ.^Agriculture, R/o^{H No 3-98 Sc} Colony, Patherched Village, Narva Mandal, Narayanpet^{District,Telangana-} 509353.

¶10

Venkatesh, S/o D. Ramulu Age. 28^yrs, Occ Agriculture,^{R/o . H No 3-98 Sc} Colony, Patherched Village, Narva Mandal, Narayanpet^{District,Telangana-} 509353.

¶11

...Petitioner/Accused Nos.1 4

¶12

AND

¶13

The State of Telangana, Represented by^{its Public Prosecutor, High Courtat} Hyderabad.

¶14

Basavalli Chenna Krishnaiah, S/o Chenna^{KeshavuluAge. 46 years,Occ.} Farmer, fuo. Devarkedra Village, Devarkadara^{Mandal, [Vlahabubnagar} District509204.

¶15

...Respondents/Complainant

¶16

Petition under Section'528 of BNSS Act,^praying thatⁱⁿ the^{circumstances} stated in the Memorandum of Grounds^{of Criminal Petition, the High Courtmay} be pleased to^quash the^proceedings against^{Petitioners/AccusedNos. 1-4 in} Crime No. 87 ol 2025, Dated.14-08-2025 of^{P.S. Narva,Narayanpet District.}

¶17

l.A. NO: 2 OF 2025

¶18

Petition under Section 528 of BNSS Act, praying that n the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to Stay all further proceedings including arrest of the Petitioners/Accused Nos. 1-4 in Crime No.87 of 2025, Datecl.14-08-2025 of P.S. Narva, Narayanpet District.

¶19

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Mr. M DASHARATH KUMAR, Advocate for the Petitioners urnd Mr. JITHENDER RAO VEERAMALLA, the Additional Public Prosecutor (TG) on behatf of respondent No.1 and None appeared for the Respondent No 2.

¶20

The Court made the following: ORDER

¶21

THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.10826 ot 2025

¶22

ORDER

¶23

This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short^'BNSS') by the petitioners/accused Nos.1-4 seeking to quash the proceedings against them in Crime No.87 of 2025, on the file of Narva Police Station, Narayanpet District, registered for the offences punishable under Sections 420 and 504 of IPC

¶24

Heard Ms.M.Sahithi Sri Kavya, learned counsel representing Sri M.Dasharath Kumar, learned counsel on record for the petitioners as well as Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent No. 1 -State.

¶25

Learned counsel for the petitloners has limited her submissions to the extent that a direction be issued to the Police to follow the procedure prescribed under Section 35 (3) of Bharatiya Nagarik Swaksha Sanhita, 2023 (for short^'BNSS')

¶26

On the other hand, learned Additional Public Prosecutor submitted that the punishment prescribed for the offences alleged

¶27

ETD, J ( rlP 10826 2025

¶28

.,

¶29

against the petitioners is less than seven (07) years and has sought for directions to the Police to proceed with investigation by issuing notice under Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short'BNSS')

¶30

Perused the record. The allegations pertain to offences punishable under Sections 420 and 504 of lPC, which attracts punishment of less than seven years. Hence, without going into the merits oithe cr.", this Court deems it appropriate to direct the petitioners herein to appear before the lnvestigating Officer on or before 0809.2025 between 1'l :00 a.m. and 05:00 p.m. and in turn, the lnvestigating Officer is directed to follow the procedure laid down under Section 35 (3) of the BNSS (previously section 41-A of Criminal Procedure Code, 1973) and also the guidelines formulated by the Hon'ble Supreme Cou( of lnriia in Arnesh Kumar^y. State of Biharl scrupulously. However, the petitioners shall submit their defense and co-operate with tht.' lnvestigating Officer as and when required by furnishing in1'ormation and producing all relevant documents/material required for the purpose of investigation and the lnvestigating Officer shall

¶31

'^{(2014)8 scc 273}

¶32

3

¶33

ETD, J CrlP 10826 202-i

¶34

consider the^{same and complete the investigation} strictly tn

¶35

accordance^{with law}

¶36