Sahadev Bhimrao Gosavi Vs The State of Telangana

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134441

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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

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PRESENT

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THE HONOURABLE SMT JUSTICE TIRUMALA DEVI EADA

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CRIMINAL PETITION NO: 10840 OF 2025

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Between:

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Sahadev Bhimrao Gosavi, S/o Bhimrao Gosavi, Age. 39 Years, Occ. Business, R/o Plot no 1126, Ghat road, Behind gayatri mandir, Nagpur, Maharastra-440009

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..Petitioner/Accused No. 1

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AND

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The State of Telangana, Through Station House Officer, P.S Banjara hills Hyderabad Police Commissionerate, Rep.by the Public Prosecutor, High Court of Telangana, At Hyderabad.

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2 Ratlavath Gopi Singh, S/o Ratlavath Badru, Age. 52 yrs, Occ. Labour work, R/o H.no. Near Aliya Masjid, NBT Nagar, Road no 12, Banjarahills, N/o .Bolligattutanda, Chedurvblli, Nagarkulrnool District.

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... Res po n dents/Co m p la i na nt

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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 in F.l.R No 658 of 2025, on the file of SHO P.S. Banjara Hills, Hyderabad Police Commissionerate, for the offences under Section 318(4) BNS.

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I.A. NO: 2 OF 2025

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Petition under Section 528 of BNSS praying that in the circumstances stated in the l/lemorandum of Grounds of Criminal Petition, the High Court may be pleased to Stay all further proceedings against the Petitioners/A1 including stay arrest in F.l.R No.65B of 2025, on the file of SHO P.S. Banjara Hills, Hyderabad Police Commissionerate, for the offences under Section 318(4) BNS.

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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 Sri K Satish Chakravarthy, Advocate for the Petitioner and Sri Jithender Rao Veeramalla, Additional Public 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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I I

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THE HON'BLE SMT.^{JUSTTCETIRUMALA DEVI EADA} CRIM!NAL^{PETITIONNO.10840of 2025}

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SDEB:

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.^{This criminal petitionis filed seeking to quash the proceedingsin} Crime No.658 of^{2025 on the file of the Station House Officer'Banjara} Hills Police^{Station, Hyderabad, registered for the offences under} Section 318(4) of^{Bharatiya Nyaya Sanhita, 2023 (for short 'BNS')'} against the^petitioner -^{accused No.1'}

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Heard Mr.K. Satish^{Chakravarthy,learned counselfor the} petitionerandMr.JithenderRaoVeeramalla,learnedAdditionalPublic Prosecutor^{for the respondent No.1-State'}

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Learned counsel^{for the petitioner submitsthatthe} punishment for the offence^{alleged against the petitioneris} imprisonment of^{less than 7 years, and therefore prayed to 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^{PublicProsecutorsubmits to pass} appropriate^{orders in the petition.}

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Perused the^record.

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The offence alleged^{againstthe petitionerin the FIR is} under Section^{31S(4) of BNS. The punishmentfor the said offenceis} imprisonment of^{less than 7 years'Consideringthe facts and}

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2

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circumstances of the case and the submissions of the learned counsel for the petitioner, this Court deems it appropriate to direct the petitioner to appear before the lnvestigating officer concerned on or before 08.09.2025 between 11.00 a.m. and 5.00 p.m., and in turn, to direct lnvestigating Officer to follow the procedure laid down under Section 35 (3) of BNSS and the guidelines formulated by the Hon'ble Apex court in Arnesh Kumar v. state of Biharl scrupulously and the petitioner is also directed to co-operate with the lnvestigating Officer and to furnish the requisite information and documents as and when required by him.

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The criminal^petition is disposed of with the above

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directions. Miscellaneous Petitions pending, if any, shall stand closed.

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SD/. T TIRUMALA DEVI PUTY REGTSTRAR

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//TRUE COPY//

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To,

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n,. The lil Additional chief Judiciai Magistrate, Hyderabaci 2. The station House officer, Banjara Hills police station, Hyderabad 3. Two ccs to Public Prosecutor, High court for the State of T"l"ng"na at Hyderabad [OUT]

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