Disposed

Avunuri Bhanuchander v. The State of Telangana

Telangana HC10 Apr 2025CRLP/4968/2025

Case brief

AI extract

What is this about?

Petition seeking quashment of FIR registered under BNS and PDPP Act on the ground that no notice under Section 35(3) BNSS was issued. Court declined to go into merits, directed petitioner to appear before the SHO, notice under Section 35(3), and investigation per Arnesh Kumar guidelines.

What did the court decide?

Direction to petitioner to appear before SHO by 17.04.2025; Investigating Officer to issue Section 35(3) BNSS notice and proceed per Arnesh Kumar guidelines.

Avunuri Bhanuchander Vs The State of Telangana — Quashing and FIR | Telangana HC (2025)

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HIGH COURT^{FORTHE STATEOF TELANGANA} AT HYDERABAD

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THURSDAY,^{THE TENTHDAY OF APRIL} TWO THOUSAND^{AND TWENTYFIVE}

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PRESENT

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THE HONOURABLE^{SRIJUSTICE N.TUKARAMJI}

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CRIMINA L^{PETITION NO: 4968 OF 2025}

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Between:

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Avunuri Bhanuchander, S/o.^{Odelu, Age. 62 years, Occ. Agriculture,R o H'no 3-} 38, Dubbapalli, Manthani Mandal,^{Peddapalli District'}

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.PETITIONERYACCUSED

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AND

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1 The State of Telanqana, Rep.^{by its Public Prosecutor High Court of} Telangana, Hydera"bad,^{TelanganaState.}

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2 Edavelli Anil Reddv. S/o. Srinivas^{Reddy,Age.34 years, Occ. Government,} PJo. Godavarikhani'Town,^{PeddapalliDistrict.}

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...RESPONDENT/COMPLAINANTS

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Petition under section 528^{of BNSS prayingthat in the circumstances} stated in the l/emorandum of^{Groundsof criminalPetition,the Highcourtmay} be pleased to^pleased to QUASH^{the FIR No. 76 of 2025 on the file of Manthani} Police Station against the^{petitioner / accused}

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l.A. NO: 2OF 2025

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Petition under section 528^{of BNSS praying that in the circumstances} stated in the Memorandum of^{Groundsof criminalPetition,the Highcourtmay} be pleased to stay all further^{proceedingsin FIR No. 76 of 2025 on the file of} Ir/anthani Police siation against^{the petitioner/ accused, pending disposal of the} above criminal petition

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-----_-7

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This^petition coming on fr upon perusing the Memorandum of Grounds of criminat petition ,no ;:^1":'nq' a1,,".""i1 I"J: il im#k jfr #.::* i :* ; I ],? #[j

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The Court made the following: ORDER

THE HONOURABLE^{SRI JUSTICE N.TUKARAMJI}

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CRIMINA^{L PETITI ON No.4968oF 2025}

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ORDER

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This Criminal^{Petition is filed underSection 528 of Bharatiya} Nagarik^{SurakshaSanhita, 2023 (for short 'BNSS' 2023') seeking} quashment of the^{proceedings in CrimeNo 76 of 2025of ManthaniPolice} Station, Ramagundam^{District, against the petitioner-accused'}

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The^{petitioner is arrayed as accused in CrimeNo'76of 2025} registeredfortheoffencespunishableunderSections324(4'329(3)of Bharatiya^{NyayaSanhita,2023(for short 'BNS' 2023') and Section 3 of} the Prevention^{of Damage to Public PropertyAct' '1984}

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3 Heard Mr.Boosa^{Shivachandra' learned counselfor the petitioner} and Mr.Jithender^{RaoVeeramalla, learned Additional PublicProsecutor} appearing^{for the respondent No'1-State}

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Learned^{counselfor the petitioner would submit that thoughthe} petitioner is determined^{to see the proce6sthrough and the alleged} offences are^{punishablewith an imprisonmentof less thanseven years'} the Police^{concernedhave not issued any notice under Section35 (3) of} BNSS, 2023,^{as such,the petitioneris apprehendingcoercive measures} against him.^{Learned counselfurther submits that the petitioneris ready} to cooperate^{with the investigation, hence prayedfor necessary directions} for issuance^{of notice as} Per^law

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\ i ll. / (-r,;.1)..a !2ri8 ol )a)i

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Learned Additional Public^prosecutor submits that the police concerned are ready to issue 35 (3) of BNSS. 2023 notrce and as per his instructions, the petitioner is not available for personal service and he may directed to cooperate with the investigation.

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I have perused the materiais on record.

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Having regard to the fact that the alleged offences are punishable with an imprisonment below seven years and as the petitioner is ready to engage himself in the process, without going into merits of the matter, the petitioner is directed to appear before the SHO, Manthani. Ramagundam District, on or before 17.04.2025, whereupon, the lnvestigating Officer shall issue notice on the petitioner under Section 35 (3) of BNSS, 2023 in Crime No.76 of 2025 and take up further proceedings as per the guidelines of Arnesh Kumar y. State of Biharl scrupulously. ln unison, the petitioner is directed to cooperate wrth the investigation.

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8 With this direction, this Criminal petition is disposed of.

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Pending miscellaneous appiications, if any, shall stand closed.

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Sd/.MOHD.ISMAIL DEPUTY REGIPTR4R

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To,

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//TRUE COPY//

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inl SECTlOi.l OFFICER