Appam Karuna Vs The State of Telangana — Telangana HC (2025) — LawSathi Research

Appam Karuna Vs The State of Telangana — Telangana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Criminal Petition disposed of: police concerned directed to proceed with the investigation in Crime No. 18 of 2025 after issuing notice under Section 35(3) of BNSS (previously Section 41-A of Cr.P.C.) to the petitioner/accused, who shall follow the Arnesh Kumar guidelines and co-operate with the investigating officer; miscellaneous applications, if any, stand closed.

Issue for consideration

Whether the proceedings against the petitioner/accused in Crime No. 18 of 2025 of P.S. Bhainsa Rural, Nirmal District (offences under Sections 316(5), 316(2) and 316(4) of BNS 2023) should be quashed, in particular whether the averments constitute an offence under Section 316(5) of BNS.

Court's answer

The averments of the petition do not constitute an offence under Section 316(5) of BNS.

Ratio / Principle

As the other offences alleged against the petitioner are punishable below seven (07) years, the criminal petition is disposed of directing the police concerned to proceed with the investigation in the above crime after issuing notice under Section 35(3) of BNSS (previously Section 41-A of Cr.P.C.) to the petitioner/accused, who shall also follow the guidelines of the Hon'ble Supreme Court in Arnesh Kumar v. State of Bihar and another and co-operate with the investigating officer in concluding the investigation.

Detailed headnote1 paragraphs

High Court for the State of Telangana, Criminal Petition No. 1176 of 2025 (under Section 528 of BNSS), decided 30-01-2025 by Smt. Justice Sridevi (single Judge). Petitioner/Accused sought quashment of proceedings and stay of further proceedings including arrest in F.I.R./Crime No. 18 of 2025 of P.S. Bhainsa Rural, Nirmal District, registered for offences punishable under Sections 316(5), 316(2) and 316(4) of Bharatiya Nyaya Sanhitha, 2023. Counsel submitted that the Government, by Memo dated 19.11.2024, extended the 60-day time for supply of CMR stocks, later extended to 31.01.2025. Held: the averments of the petition do not constitute an offence under Section 316(5) of BNS; the other offences alleged are punishable below seven (07) years; accordingly the petition was disposed of, directing the police to proceed with the investigation after issuing notice under Section 35(3) of BNSS (previously Section 41-A of Cr.P.C.) to the petitioner/accused, who shall follow the guidelines of the Hon'ble Supreme Court in Arnesh Kumar v. State of Bihar and another and co-operate with the investigating officer. Miscellaneous applications, if any, stand closed.

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lN THE^{HIGHCOURTFORDTIEAST^TEoF TELANGANA}

THURSDAY,^{THETHIRTIETHDAY OF JANUARY} "'"'r'io iHousAND AND TwENTY^FlvE

PRESENT

THE HON'BLE^{SMT.JUSTICEJUWADT SRIDEVI}

cRt^{MINALPETITIONNo:11 76of 2O25}

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"'RespondenUDe'facto^Complainant

Petition^{under Section 528 of B N S'S: q'"Iino that in the circumstances} stated in^{the Memorand'i'i'"tCi"'"01 of CriminalP"etition' the High Court may} be^{pleasedto quash l"i]il"'*""'''"ia-ot zozs ot'i d-ehuin"aRural'Nirmal} District

l.A. NO:2^OF2025

Petition^{under Section 528 of BNSS Praylngthat in the circumstances} stated^{in the Memorandumof Groundsof Cflminal Petition,the High Court maY} be^{pleased to staY of all furtherProceeding s includingarrest of the petitioner/} Accused^{in F.l.R. No. 18 of2025of P.S. Bhalnsa Rural,NirmalDistrict}

This Petition^{comrngon for hearing, upon Peruslngthe Memorandumof} Grounds^{of Criminal Petition anduPon hearingthe arguments of Mr' K} Venumadhav,^{Advocateforthe Petitionerand the Sri Jithen der Rao Veeramalla,} Additional^{Public Prosecutor on behalf of the ResPondent No.1 and None} Appeared^{for the ResPondentNo'2'}

The Court^{madethe following:ORDER}

HON'BLB SMT. JUSTICE JI]VVADI SRIDI]VI

CRIMINAL PETITI ON No.l176 of 2025 ORDER:

Ihis^(lriminai petition is filed by the petitions/ssqu5scl under Section -528 of Bharatiya Nagarik Suraksha Satrhita, 2023, seekir.rg to quash the proceedings against him in Crime No.lg of 2025 of P.S. Bhainsa Rural, Nirmal District, registered for the offences punisl.rable under Sections 316(5), 316(2),31g(4) of Bharatiya Nyaya Sanhitha,2023 (for short .BNS,).

2 Heard ll4r.K.Venumadhav, learned counsel for the petitioner and Sri Jithender Rao Veeramalla, learned Additional public Prosecutor apperr'ing for the State and perused the recorcl.

Learned counsel for the petitioner submilted that the Government itself through Memo dated lg.ll.2024 exrended the \ time of 60 days to those who have not supplied the stocks of CMR. { He further subnritted that subsequently the time was further extended to 31 01'2025 r'herefore, still there is time for suppryi,g the ducs if any, therefore. it cannot be said that the petitioner had comrnitted the said offence.

2

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As seen^{from the record' the averments of the petition do not} constitute^{offence under Section316(5)of BNS' In view of the same} and^{as the other offences alleged against the petitioner are punishable} below^{seven (07) years'this criminal petition is disposed of directing} the^{policeconcernedto proceedwith the investigation in the above} crime^{after. issuingnotice under Section 35(3) of BNSS(Previously} Section^{41-A of Cr'P'C')to the petitioner/accusedand he shallalso} follow^{the guidelines of Hon'bleSupremeCourt in ArneshKumar v'} state^{of Bihar and anotherl. The petitioner. shall co-operate with the} investigating^{officer in concluding the investigation'}

5 AccordinglY,^{the Crimina I Petitionis disPosed of'}

Miscellaneousapplications,ifanypending,shallalsostand

closed.

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ASS "'*,UtPo'l'+ltl //TRUE^COPYI/ ECTION^OFFICER

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To,

The^{Station HouseOfficer' Bhainsa Rural Police Station' Nirmal District'}

1.2. Two CCs to^{the Public Prosecutor' High Court for the State of Tetangana at} HyJerabad^[OUT]

One^{CC to Mr' K' Venumadhav'Advocate IOPUCI}

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HIGH COURT

DATED:30 tO1t2O2S

ORDER

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DISPOSING OF THE GRIMINAL PETITION

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