Disposed

Bureddy Lokanath Reddy v. The State of Telangana

Telangana HC22 Apr 2025CRLP/5458/2025

Case brief

AI extract

What is this about?

Petitioner sought quashment of FIR proceedings alleging improper notice under Section 35(3) BNSS. Court directed him to appear before the Investigating Officer by 29.04.2025, fresh notice to be issued per Arnesh Kumar guidelines, and written summons thereafter.

What did the court decide?

Directions to appear before IO on or before 29.04.2025, fresh Section 35(3) BNSS notice, written summons when presence required; petition disposed.

Bureddy Lokanath Reddy Vs The State of Telangana — Quashing and FIR | Telangana HC (2025)

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13217 1

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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

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PRESENT

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THE HON'BLE SRI JUSTICE N.TUKARAMJI

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CRiMINAL PETITION NO: 5458 OF 2025

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Between:

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Bureddy Lokanath Reddy, S/o Late B.Ramanarsi Reddy, Aged^{about 55 years,} Occ.Business, R/o.H.No.23, Block C, Parmeshwar Colony, Peerzadiguda,^Uppal, Medchal-Malkajgiri Diskict-500098.

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...Petitioner

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AND

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The State of Tetangana, Rep. by its Public^{ProsecutorHigh Court,} Hyderabad.

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Patlavath Nanya Naik, S/o Devla Naik, Aged about 51^{years,Occ.Business,} R/o. EC Nagar, Rail Vihar Colony, Cherlapally,^{tt/edchal-Malkajgiri. District.}

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..Respondents/De-facto Complainant

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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 quash the^{proceedings in FIR No.256 of 2025, P.S. Keesara,} Medchal-Malkajgiri District,^(on the file-of^{the Courtof Judicial First Class} Magistrate at Khushaiguda) in so far as^{the Petitioner is concerned.}

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l.A. NO: 1 OF 2025

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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^grant stay of all^{further proceedings against the Petitioner/Accused} No. 1 in FIR No.256 ot 2025, P.S. Keesara, Medchal-Malkajgiri^{District' including} arrest of the pbtitioner/Accused^{no.1 pending disposat of the above Criminal} Petition.

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This Petition coming on for^{hearing, upon perusingthe Memorandumof} Grounds of Criminal Petition and^{upon hearing the argumentsof Mr. Kuturu} Ravinder Reddy, Advocate for the^{Petitionerand the tvlr. Jithender Rao} Veeramalla Additional Public Prosecutor^{on behalfof the Respondent No.1and} None Appeared for the Respondent^No.2.

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The Court made the following: ORDER

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THE HO NOURABLE SRI JUSTICE N.TUKARAT'IJil

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olirlMlNAL PETITION No.5458 OF 2025

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ORDER

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This Crirninz I Petition is filed under Seition 528 o' Bharatiya Nagarik Suraksha Ilanhita, 2023 (for short 'BNSS, i2021:i') seeking quashment of thr: p oceedings in Crime No.256 of 2025 of Kee sara Police Station, Medchal-V llkajgiri District, against the petitioner-ac:used. 2. The petitione s arrayed as accused No.1 in Crime No.2t56 of 2025 registered for the o fences punishable under Sections 406, +20, 120-8 of Indian Penal Ccrrle 1860 and Section 3(1)(g) and 3(2)('a) of SC/ST (POA) Amendme,r,t \r:t, 201 5.

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Heard Mr.l(t thuru Ravinder Reddy, learned cou 1s,:)l for the petitioner and [Vlr.J thender Rao Veeramalla, learned Additir:nal Public Prosecutor appearir g for the respondent No.1-State. 4. Learned c:u r sel for the petitioner would submit that the Police concerned have rrc . issued any notice under Section 35 13) of BNSS, 2023, however, his signature was obtained in the police station, hence prayed for necesr;i:r r directions for issuance of notice as per lar,,r. 5. Learned Addil onal Public Prosecutor submits that impris,rnment for the alleged offen()os s less than seven years and as per his instructions, the notice under S,e :tion 35(3) of BNSS was served to the petitioner on 22.03.2025 and he s not available for personal service ,an J he may directed to cooperzit{ with the investigation.

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I have^perused the materials on^record.

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Having considered the submissions^{of learned counsel for the} petitioner and the assertion that notice^{was not properly served,the} petitioner is directed to appear before the^{lnvestigating officeron or} belore 29.04.2025,^{whereupon, the lnvestigating Officeris directed to} issue fresh^{notice underSection 35(3) of BNSS,2023 in Crime No'256of} 2025 and take^{up further proceedings as per the guidelinesoI Arnesh} Kumar v. State^{of Biharl scrupulously' ln unison, the petitioneris} directed to cooperate^{with the investigation. However, having regardto} the pleading that^{the petitioneris unnecessarily beingcalled to the police} station, the^{lnvestigatingofficer is directedto issue written summonsto} the petitioner as^{and when his presenceis required for the purposeof} investigation^{in this matter.}

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With this direction,^{this Criminal Petitionis disposed of'}

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Pending miscellaneous^{applications, if any, shall stand closed'}

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Sd/. MOHD. ISMAL DEPUTY REGISTRAR //TRUE COPY// I SECTtor{.pFFtcER

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To,

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The Ill Additional^{Junior civit Judge-cum-lll Additional Judicial Magistrate} of First Class at^Kushaiguda.

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The Station^{House officer, Keesara Police Station, Rachakonda District.}

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f*o Cc. to^{the Public Prosecutor, High Court for the State of Telangana at} Hyderabad. [OUTI One CC to Mr. Kuturu^{RavinderReddy,Advocate[OPUC]} Two CD Copies

I (2014) I scc 273

HIGH COUR T

DATED:2210'112025

ORDER

CRLP.No.5,4ri8 of 2025