Ravvajiya Vs The State of Telangana

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 Against the petitioners/Accused No. 1 and 2 in Cr.No. 191 ot 2025 on the file of Boath Police Station, Adilabad District.

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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 pending in Crime No. 191 of 2025 on the file of Boath Potice Station, Adilabad District.

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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 Mr SOMA RAVI KIRAN REDDY, Advocate for the Petitioners and Mr. JITHENDER RAO VEERAMALLA, the Additional Public Prosecutor on behalf of respondent No.'t and none appeared for the Respondent No.2.

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The Court made the followlng: ORDER

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THE HON'BLE SMT. JUSTICE TIRUMALA DEV! EADA

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This Criminal Petition is filed under Section 52g of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short^.BNSS,) seeking the Court to quash the proceedings against the petitioners/accused Nos.1 & 2 in Crime No.191 of 2025, on the file of Boath police Station, Adilabad District, registered for the offence punishable under Section 11 of Prevention of Cruelty to Animals Act, 1960.

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Heard Sri Soma Ravi Kiran Reddy, leamed counsel for the petitioners/accused Nos.1 & 2 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 has restricted his submission stating that a direction be issued to the policc 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 leamed Additional public prosecutor submitted that the punishment prescribed for the offence alleged .^{against the petitioners is less than seven (07) years and} has sought tbr directions to the Police to proceed with investigation by issuing

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ETD, J Crlp_t4207 ]02s

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notice under Sec'tion 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short'BNSS').

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Perused the record. The allegations leveled against the petitioners pertain to the offence under Section 11 of Prevention of Cruelty to Animals Act, 1960, which attracts punishment of less than seven years. Hence, without goirB into the merits of the case, this Court deems it appropriate to direct the petitioners/accused Nos.1 & 2 to appear before the lnvestiggting Officer on or before 24.11.2025 between 11:00 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 BNSS, 2023 (previously Section 41-A of Criminal Procedure Code, 1973) and also the guidelines formulated by the Hon'ble Supreme Court of lndia in Arnesh Kumar^y. State of Biharl scrupulously. However, the petitioners/accused Nos.1 & 2 shall submit their defense and co-operate with the {nvestigating Officer as and when required by furnishing information and producing all relevant documentJmaterial required for the purpose of investigation and the lnvestigating Officer shall consider the same and complete the investigation strictly in accordance with law.

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ETD, J Crlp_14207_202s

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