Peraveni Venkatesh, Vs The State of Telangana — Telangana HC (2025) — LawSathi Research

Peraveni Venkatesh, Vs The State of Telangana — Telangana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Criminal Petition disposed of with direction to the Investigating Officer to issue notice under Section 35(3) of BNSS, 2023 to the petitioners/Accused Nos.1 and 2 and conduct proceedings per the guidelines of Arnesh Kumar v. State of Bihar; petitioners directed to cooperate with the investigation; pending miscellaneous applications, if any, to stand closed.

Issue for consideration

Whether the investigation in Crime No.46 of 2025 should proceed against the petitioners only after issuance of notice under Section 35(3) of BNSS, 2023, given that the alleged offences are punishable with imprisonment below seven years and the petitioners apprehend coercive measures while professing readiness to cooperate with the investigation.

Court's answer

Having regard to the fact that the alleged offences are punishable with imprisonment below seven years and the petitioners are ready to engage themselves in the process, the Investigating Officer is directed to issue notice under Section 35(3) of BNSS, 2023 against the petitioners/Accused Nos.1 and 2 and conduct proceedings as per the guidelines of Arnesh Kumar v. State of Bihar.

Ratio / Principle

In unison, the petitioners are directed to cooperate with the investigation in Crime No.46 of 2025.

Detailed headnote1 paragraphs

Quash petition under Section 528 BNSS, 2023 against proceedings in Crime No.46 of 2025 of Ellanthakunta Police Station, Rajanna Sircilla District, where petitioners were arraigned as Accused Nos.1 and 2 for offences punishable under Sections 296(b), 115(2) r/w 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 3(1)(s), 3(2)(v-a) of SCs/STs (POA) Act. Held: the alleged offences being punishable with imprisonment below seven years and the petitioners being ready to engage with the process, the Investigating Officer is to issue notice under Section 35(3) of BNSS, 2023 and conduct proceedings per the guidelines of Arnesh Kumar v. State of Bihar; the petitioners are in turn to cooperate with the investigation. Petition disposed of accordingly; pending miscellaneous applications closed. (N. Tukaramji, J.)

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

TUESDAY, THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE N.TUKARAMJI

CRIMINAL PETITI ON NO: 320O oF 2025

Between:

1 Peraveni Venkatesh. Sio Salaiah, Aged. about 24 years, Occ. pvt. Employee, Rl/o7-2, Ramajipeta, peddatingapur,^"Karimnagri O[i*i _ s05 4OS.

2 Palumari Prashanth, S/o pgchaiah, Aged about 29 years, Occ. pvt. Employee, R/o 7-12t1. namajipeta," . p"Oariingrpr,, Eltanthakunta, Karimnagar - 505405.

... PETtTtoNERS/ACCUSED(S)

AND

1 The State of Telangana, Rup .^{bJ. its public prosecutor,} -d^{High Courtfor} the a n a H yd e ra b io th ro us h il o,'^"drialriia

3 1f,1i ""S,]f;^i:is ku nti^p d ; ir,j; #;

2 Noundla Kiran, S/o Bhumaiah, -Aged about 40 years, Occ. Business, R/o Ramojipet Viilage, Karimnagur, kai,mnagii rjirin-"i.-*''

... RESPONDENTS/COMPLAINANTS

Petition under Section 52g of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminar. petition, the High court may be pleased to call for the records in connection with FrR No.46 of 202b pending on the file of Ellanthakunta porice station, Rajanna Sirciila District and quash the same.

l.A. NO:2 oF 2025

Petition under section 529 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal petition, the High Court may be pleased to stay aI further proceedings incruding arrest of the petitioners in ':onnection with FIR No.46 of 2o25 pending on the fire of E{lanthakunta police Station, Rajanna sircifla District, pending disposar of the present quash petition.

This Petition <:rrting on for hearing, upon^{perusing the Menlorandum of} Grounds of Crinrir a I F)etition and upon hearing the^{argumr:ntsof Sri Bala} Murali.Y, Advocarte 1c,r the Petitioner and Sri E.^{Ganesh,Ass stant Public} Prosecutor (TG) cr t,t:half of the Respondent No.'1^{and none appt,rared for the} Respondent No.2.

The Court made th,e following: ORDER

/ /,i

THE HONOURABLE SRI JUSTICE N.TUKARAMJI

CRIMINAL PETITION No.3200 OF 2025

ORDER

This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (tor short^'BNSS, 2023') seeking quashment of the proceedings in Crime No.46 of 2025 ol Ellanthakunta Police Station, Rajanna Sircilla^District, against the^petitioners.

The petitioners are arraigned as accused Nos.1 and 2ⁱⁿ Crime No.46 of 2025 registered for the offences^{punishable under} Sections 296(b), 115(2) r/w 3(5) of Bharatiya Nyaya^Sanhita, 2023, Section 3(1)G{s), 3(2Xva) of SCs/STs(POA)^Act.

Heard Mr. Y. Bala Murali, learned counsel for the petitioners and Mr. E. Ganesh, learned Assistant Public Prosecutor appearing for the respondent No.1-State.

Learned counsel for the^petitioners would submit^that though the petitioners are determined to see^{the process through} and the alleged offences are^{punishable with} an^imprisonment below seven years, the Police^concerned have^{not issuedany} notice under Section 35(3) of BNSS, 2023, as such,^the etitioners are apprehending^{coercive measures} against^them

2

He furthr:r sr,rtrrnits that the petitioners are ready to cooperate with the investigy;ation, hence prayed for necessary direct ons for

issuance c,f rtr>tice as per law.

Learnerrl Assistant Public Prosecutor opposed the petition.

I haver 6,6y1u5sd the materials on record.

Havrnq regard to the fact that the alleged offenr:es are punishahle, ',lith an imprisonment below seven years an<:l as the petitioners a'rl ready to engage themselves in the Srrocr:lss, the lnvestigating; Officer is directed to issue notice unrJer Section 35(3) of BNSS, 2023 against the petitionersiacx:used Nos.1 and 2 and conduct proceedingri; as per the guideli'res of Arnesh Kumar v. Sfate of Biharl ln unison the petitioners are directed to cooperate with the investigation.

With thir; direction, this Criminal Petition is disposed of.

Percling miscellaneous applications, if any, shall stand

closed.

SDI. V. KAVITHA D PUT'T REGISTRAR //rRUE coPY// i t .SECI'ION OFFICER

l-o,

The Statiorr^{11 Irse Officer,Ellanthakunta PoliceStatiol'Rajanna Sircilla} District

One^{CC to S. JalaMuraliY Advocate [OPUC]}

3.TwoCCst>thePublicProsecutor,HighCourtfortheStaterrfTelanganaat HYderabad^(':)rJT)

4 Two CD r)oct(|:; n .A \B-

HIGH COURT

DATED:0810411'-025

ORDER

CRLP.No.3200 of²⁰²⁵

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Disposing oll lihe Criminal Petition
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