Dhanavath Ramesh Vs State of Telangana — Telangana HC (2025) — LawSathi Research

Dhanavath Ramesh Vs State of Telangana — Telangana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of with directions: petitioner to appear before the SHO, Meerpet Police Station on or before 25.06.2025; Investigating Officer to issue notice under Section 35(3) of BNSS, 2023 in Crime No. 341 of 2025 and take up further proceedings per the guidelines of Arnesh Kumar v. State of Bihar; petitioner to cooperate with the investigation. Pending miscellaneous applications, if any, stand closed. Quashment of proceedings not granted.

Issue for consideration

Whether the proceedings in Crime No. 341 of 2025 (under Sections 331(4) and 305 BNS) of Meerpet Police Station, Rachakonda Commissionerate, against the petitioner/Accused No.2 ought to be quashed. +1 more

Court's answer

With the above direction, the Criminal Petition is disposed of (the quashment sought was not granted; pending miscellaneous applications, if any, stand closed).

Ratio / Principle

Having regard to the offences being punishable below seven years and the petitioner's readiness to participate in the process, the petitioner is directed to appear before the SHO, Meerpet Police Station on or before 25.06.2025, whereupon the Investigating Officer shall issue notice on the petitioner under Section 35(3) of BNSS, 2023 in Crime No. 341 of 2025 and take up further proceedings as per the guidelines of Arnesh Kumar v. State of Bihar.

Key takeaways

In unison, the petitioner is directed to cooperate with the investigation.ratio¶29

Detailed headnote1 paragraphs

Criminal Petition under Section 528 BNSS, 2023 by the Accused No.2 seeking quashment of proceedings in Crime No. 341 of 2025, U/Secs. 331(4) and 305 BNS, 2023 of P.S. Meerpet, Rachakonda Commissionerate. Counsel submitted that the offences are punishable with imprisonment below seven years, that no notice under Section 35(3) BNSS had been issued, and that the petitioner apprehended coercive measures while being ready to cooperate with the investigation. Disposing of the petition, the High Court (N. Tukaramji, J.) directed the petitioner to appear before the SHO, Meerpet Police Station on or before 25.06.2025, whereupon the Investigating Officer shall issue notice under Section 35(3) BNSS, 2023 and take up further proceedings as per the guidelines of Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273; the petitioner was directed to cooperate with the investigation. Pending miscellaneous applications closed.

IN THE HIGH COURT FOR^{THE STATE OF TELANGANA} AT HYDERABAD

WEDNESDAY, THE ELEVENTH^{DAY OF JUNE} TWO THOUSAND AND TWENW^FIVE

PRESENT

THE HONOURABLE SRI JUSTICE N.TUKARAMJI

cRt MINAL PETITION NO: 5507^{OF 2025}

Between:

Dhanavath Ramesh, S/o.^{PuliyaAged about 32 years,Occ Pvt Emplgyqe} R/o. Chaitanya Hills, Meerpet,-Ranga^{ReddyDistrict. N/o H.No 14-31,Harja} Thanda villaje, Thripuraram Mandal,^{Nalgonda Distric}

...PETITIONER/ACCUSED NO.2

AND

State of Telangana, Represented^{by Public Prosecutor, High Courtfor the} State of Telangana, Hyderabad

Palan Nagul Meera, S/o.^{Kalesha, aged about. 33-years,Oc-c. lT Employee} R/o. H.NoI 3-76t1t105, SB Gurramguda^{Balapur Mandal, R.R. District.}

...RESPONDENTS/DEFACTO^COMPLAINANT

Petition under Section 528 of^{BNSS prayingthat in the circumstances} stated in the Memorandum of Grounds^{of Criminal Petition,the High Court may} be pleased to Quash the^{proceedings in Crime No. 341/2025, U/Sec.331(4)'305} BNS on the file of P.S. Meerpet against^{the petitioner/AccusedNo 2.}

l.A. NO: 2OF 2025

Petition under Section 528 of^{BNSS prayingthat in the circumstances} stated in the Memorandum^{of Groundsof Criminal Petition} ,the^{High Court may} be^pleased to stay all^{furtherproceedings including arrest of the petitionerin} Crime No. 341 ol 2025^{U/Sec.331(4), 305 BNSon the file of P.S. Meerpet} pending disposal of the main^petition for^quashing the same.

This Petition coming on^{for hearing, upon perusing the Memorandum of} Grounds of Criminal Petition^{and upon hearing the arguments of Mr. Baskula} Athik, representing Mr. Sardar^{Ramavath, Advocate for the Petitioner andMr.} Jithender Rao Veeramalla,^{Additional Public Prosecutor, High Court for the State} of Telangana, Hyderabad^{on behalf of the State/RespondentNo.1.}

The Court made^{the following: ORDER:}

HONOURABLE SRI JUSTICE N. TUKARAMJI

CRIMINAL PETITION NO.55O7 ot 2025

ORDER:

This Criminal Petition is filed under Section 52g of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS, 2023,) seeking quashment of the proceedings in Crime No. 341 of 2025 of Meerpet Police Station, Rachakonda Commissionerate, against the petitioner.

Heard [Vlr. Baskula Athik, learned counsel representing Mr. Sardar Ramavath, learned counsel for the petitioner and N4r.Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent No. 1 -State.

The petitioner is arrayed as accused No.2 in Crime No.34i of 2025 registered for the offences punishable under Sections 33i(4) and 305 of Bharatiya Nyaya Sanhita, 2023.

Learned counsel for the petitioner would submit that though the petitioner is determined to see the process through and the alleged offences are punishable with an imprisonment below seven years, the Police concerned have not issued any notice under Section 35 (3) of BNSS,2023, as such he is apprehending coercive measures against him. He further submits that the petitioner is ready to cooperate with the investigation, hence prayed for necessary directions for issuance of notrce as per law.

Learned Additional Public^prosecutor opposed the petition.

2

'1'

I have perused the materials on record.

Having regard to the fact that the alleged offences^{are punishable} below seven years and as the^petitioner is ready to engage^{himself in the} process, the petitioner is directed to appear before the SHO, Meerpet Police Station on or before 25.06.2025,^{whereupon,the lnvestigating} Officer shall issue notice on the^petitioners under Section^{35 (3) of BNSS,} 2023 in Crime No.341 of 2025 and take up further^{proceedingsas per the} guidelines of Arnesh Kumar v. State of Biharl. ln unison,^{the petitioner} is directed to cooperate with the investigation.

8 With this direction, this Criminal Petition^{is disposedof.}

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

Sd/. B. CHANDRA^PRAKASH ASSISTANT REGISTRAR

//TRUE COPY//

k'frSECHor.r oFFICER

To, ,l.TheVlAdditionalMetropolitanMagistrate,RangareddyDistrictatL.B.Nagar

The Station House^{Officer, Meerpet Police Station,Hyderabad'Rangareddy} District.

One CC to Sri.^{SardarRamavath,Advocate [OPUC]}

tro

1. CGto the Public^{Prosecutor, High Court for the Stateof Telangana'} Hyderabad [OUT]

Two CD CoPies

PSK /PSL

(Y

'^{(2Oi4)8 SCC 273}

HIGH Court

DATED:1110612025

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ORDER

CRLP.No.5507 ot 2025

DISPOSED OF THE CRIMINAL PETITION {^tnqt'I 8^*