Petitioners sought quashing of FIR registered at Alwal Police Station for offences under Section 318(4) r/w 3(5) BNS punishable with less than seven years. The court declined to quash and instead directed the petitioners to appear before the Investigating Officer, who must follow Section 35(3) BNSS and Arnesh Kumar guidelines before any arrest.
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[3385 ]
H..HCOURT+:HOJI:BEA;IfiIEf{,ff H:fl T#IYDERABAD TWo TH.L PRESENT
THEHONOU RABLESMT JUSTICEK' SUJANA ETITIONNO:4552 oF2025 cRtMINALP
AND
Petitionunder Section 528 of BNSS' 2023 prayino that in the circumstances statedin the Memorand'''':i6;";;;'Jrcn'nin'rpJiitLn' tne High Court mav be oleasedto Quash tnt p'o"tloing:"i" i in N" zzztzoisregistered at Alwal Police btrtion,cvberabad, ,td"=;;;;t'g1e(al'zs r/w.3ist g-t'tss wnicn fallsunder the Jurisdictionof the x rr,lltr"p"ril"rvrlgi.trate at tvtedchal court'cyberabad ffid;;i6l.ilctagainst the petitioner/A l and A2;
l.A. NO:2OF2025
petition under Section 528 of BNSS,2OZ3 praying that in.the t"uTt]11*' stated inthe Memorandr;';ie;;.;;or briminitpbtition,tneHigh court mavbe pleased to stayall turtner'p"roc-eJJi";;i" F].1.ry3222t2025resistered at Alwal potice Station, cyberabad.-u-nili sulttor.318(4),.79 r/w 3(5) BNSSwhich falls under theJurisdictionoi in"-x-rtl"tropolitanMagistrateat .Medchal court, Cyberabad,Medchal o,strict'againstthe petitioner/A1 and M includingthe arrest of the Petitionerin the above case,
This Petition comingon for hearing'upon perusingthe Memora*yg of Grounds ofCrimrnal p.tiiiin-"nJ upon nJaring_the argumentsof..Sri CHATLA rvrnoiu ,Advocatefor the petitioners and sri E.Ganesh,Asst. Public Pros_ecutor on behalfof the RespondentNo 1 and none appearfor the RespondentNo 2; The Court madethe following:ORDER
L
THE H:ONOURABLE SMT. JUSTICE K. SUJANA
CFSIVIINAL PETITION No.4SS2 of 2O2S
ORAL ORDEF:
This Cri rrinal petition is filed under Seciion 52g Bharatiya NaEer.ik Suraksha Sanhita (for short .EtNSj[ lJ to quash the prr) t:edings against the petitioners,/ accLrse C 1n Crime No.lt2,.2 ,tl 2O2S of Alwal Police Station, C_r,be lrbad Commissionerah: registered for the offences punrshable ,r_rder Sections 31rf(,+l i9 read with 3(S) of BNS.
2
of BNSS (previously section 47-A of Cr.P.C.) and also the guidelines formulated by the Hontrle Supreme Court in Arnesh Kumar a. State of Bihart scrupulously. However, the petitioners shall submit their defense and co-operate with the Investigating Ofhcer as and when required by furnishing information and produce all relevant documents/material required for the purpose of the investigation and the Investigating Officer shall consider the same before filing appropriate report before the learned Magistrate concemed.
Miscellaneous applications, if any pending, shall also
stand closed.
//TRUE COPYII
SD/- MOHD. ISMAIL EPUTY REGISTRAR SECTION OFFICER
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HIGH COURT
DATED:0310412025
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ORDER
CRLP.No.4551l, ot 2025
DISPOSING OF THE CRIMINAL PETITION
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1 issue framed by the court
Whether proceedings in Crime No.122 of 2025 against the petitioners should be quashed or the petitioners directed to cooperate with investigation.
Colour shows how this judgement treated each authority
Arnesh Kumar v. State of BiharApplied
Arnesh Kumar v. State of Bihar
3 provisions across 2 enactments
Kaspa Shyam
Kadheer
The State of Telangana
K. Sujana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
