Malothu Ravinder Vs The State of Telangana through S.H.O. P.S. Mahabubabad, Mahabubabad District

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134441

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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IVONDAY, THE SIX DAY OF OCTOBER 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 PETI TION NO: 1 2840 0F 2025

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Between:

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Malothu Ravinder, S/o Malothu Babla @ Babu Rao Age. 45 years, Occ. Doctor, R/o. H. No.5-54l4. Thurpu ThandI inujaf. ruearbrrg, pi;;rinXini lvlandal. Redlawada. Warangal Oistrict feiangrn-r- _ SOOSOS.

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2 R Dhanunlay @ Rayi Dfrgn.aral. S/o. Rayi Janeesu Age. 25 years, Occ. student, R/o. Lingamp'ari. Nuthankar Manaii ru-Jlinoa r6il.garl ;o'sz;;

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3 Bhupathi Prashanth, S/o ^ Bhupathi Anjaneyutu. Age. 24 years. Occ. Not Known, R/o H No^.l_21l8/3, xulavi laanriai.tnininrpirr" wa,ring;r di"rirt"i.".

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4 Malothu Aruna, wo. Age .37 ye_ars, occ. Housewife, Rio. H. No. 5-5414. Thurpu Thanda EnuoaJ. Near^^D^arga^{-earratn-agiri -} rvranlai^' n"orJ*ril, Warangal District. Tela-ngana - 506365.

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...petitioner/Accused No.1 to 4

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AND

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1 The State of Telanoana through S.H.O. p.S. Mahabubabad, Mahabubabad District,, Represenled by pubiic e.i*rt"1 tillrl't"#,i rt Hyderabad.

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...Respondent

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2 PadmaRamavath, W/o. Rambabu, Age_30 years.Occ.Doctor, R/o. Flat No. 42, SV Towers, Kankara-Board Coion"y rrliriiouoaoio, r,rrrniu.itidJi.^,." District. Cett.95 1 57 31 436.

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...Respondent No.2/ Defa cto-C om pla i na nt

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Petition under section -529 of BNSS praying that rn the circumstances stated in the Memorandum of Grounds of criminlr Fetrtion th. High C;;;';ry be pteased to quash the comptaint in F.t.R.No 398 of 2025 o"t"o Io.o9.2ozi in P.S. Mahabubabad Town, Mahabubabad Distrrct.

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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 criminat Fetrtion, th" Hi;h e;;;;"y be pleased to stay of all further proceedings rncluding airest of tne

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Petitioners/Accused No 1 to 4 in F.l.R. No 39B of 2024 :,f P S Mahabubabad Town. Mahabubabad District.

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This Petition coming on for hearing, upon^peruslr : the Memorandum of Grounds of Criminal Petition and upon hearing^{the argtrr} ents of Sri PITTALA SRAVAN KUTVAR Advocate for the Petitroners and^-: Sri Jithender Rao Veeramalla, Additronal Public Prosecutor on behalf of tht tlespondent No.1 and none appeared the Respondent No.2.

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The Court made the following: ORDER

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THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.12840 of 202 5

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ORDER:

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This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') seeking to quash the proceedings against the petitioners/accused Nos 1 to 4 in Crime No.398 ot 2025, on the file of Mahabubabad Town Police Station, Mahabubabad District, registered for the offences under Sections 296(b), 115(2), 329(4), 127(2), 79, 351(2) read with 3(5) of BNS, 2023.

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Heard Sri P.Sravan Kumar, learned counsel for the petitioners/accused Nos.1 to 4 as well as Sri Jitender Rao Veeramalla, the learned Additional Public Prosecutor appearing for the respondent No. 1-State.

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Learned counsel for the petitioners has restricted his submission stating that a direction be issued to the Police to follow the procedure prescribed under Section 35 (3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (tor short 'BNSS').

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On the other hand, the learned Additional Public Prosecutor submitted that the punishment prescribed for the offences alleged against the petitioners is less than seven (07) years and has sought

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2

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for directions to the Porice to proceed with inve ;t gation by issuing notice under Section 35(3) of Bharatiya Nagarik l:;uraksha Sanhita, 2023 (for short 'BNSS').

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5 Perused the record. The allegations lr veled against the petitioners pertain to the offences under Sectic,.;296(b), 115(Z), 329(4), 127(2), 79, 351(2) read with 3(5) of ;lt.tS, 2023, which attracts punishment of less than seven years. Ht,-r:e, without going rnto the merits of the case, this Court deems it ar)(rropriate to direct the petitioners/accused Nos.1 to 4 to appear befo...r the rnvestigating Officer on or before 27.10.2025 between 11:00 a r and 05:00 p.m. and in turn, the lnvestigating Officer is direc ed to follow the procedure laid down under Section 35 (3) of the E NSS (previously section 41-A of Criminal procedure Code, 1 9 I ) and also the guidelines formurated by the Hon'bre Supreme C ourt of rndia in Arnesh Kumar y. Stafe of Biharl scrupulour,lr, . However, the petitioners/accused Nos. 1 to 4 shall submit their :refense and cooperate with the lnvestigating Officer as and r,,len required by furnishing information and producing arr rerevant d. cuments/materiar required for the purpose of investigation and the ln ,e stigating Officer

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'^a2014)B scc 273

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-t

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shall consider the same and complete the investigation strictly in

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accordance with law

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6 Accordingly the Criminal Petition is disposed of