M.D Jhonny @ Mohammad Janipasha Vs The State of Telangana

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

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FRIDAY, THE TWENry FIFTH 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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CRIMINA L PETITION No:5581 ot2O25

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Between:

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'1. lvl.D Jhonny @ tvlohammad Janipasha, S/o. Mohammad Babu Miya, Aged about. 39^-years, Occ. Agricultural,^{H.No.073, Bangarigadda, Chandur} Mandalam, Nalgonda^Distrtct.

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Errajella Ramesh, S/o Kondaiah,^{Aged about45 Years, Occ Agricultural,H.} No. 7-136, Bangarigadda, Chandur^{Mandalam, Nalgonda District}

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Sayam Upendra, S/o. Sayam^{Yadagiri, Aged about 19 years'Occ.} Agiiculturai, H. No. 5-8-24, Nethaji^{Nagar,Angadipeta,Nalgonda}

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Bommaraboina Bhargav, S/o. B.^{ljjam, Aged about 36 years,} Agricultural, R/o. H.No.1-63/1 , Near^{Water Tank, GaddamvariYadavally} -Occ^Post, Kingal, Nalgonda District. ... Petitioner/Accused

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AND

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The State of Telangana, Rep.^{by its Public Prosecutor, HighCourt at} Hyderabad. .. RespondenURespondent^No.1

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M. Swathi, Age. not known^{to Petitioners Occ. Prohibition and Excise Sl,} Police Station Chandur, Telangana.

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...Respondent No.2/Defacto Complainant

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Petition under Section 528 of^{BNSS prayingthat in the circumstances} stated in the Memorandum of^{Groundsof criminalPetition,the High courtmay} be pteased to^quash the c.o.R.^{No.06of 2025dated. 06-04-2025 on the file of} Prohibition and Excise^{Police Stationat Chandurfor the offence under sections} 3a(a) & 37A of TS Excise^{Act against the Petitioners/Accused No.2 to 5.}

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l.A. NO: 2 OF 2025

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Petition under Section 528 of^{BNSS prayingthat in the circumstances} stated in the Memorandum^{of Groundsof criminalPetition,the High courtmay} be pleased to stay all further^{proceedings againstthe Petitioners /AccusedNo.2} to 5 in c.o.R. No. 06 0f^{2025 dl. 06.04.2025 0n the file of Prohibition and Excise} Police station at chandur^{for the offence under sections 34(a) and 37A of TS} Excise Act, including appearance^{of the petitioners/AccusedNo. 2 to 5 pending} disposal of main Criminal^Petition.

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This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Mr. Ponnam Ashok Goud, Advocate for the Petitioners and the Mr. Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Respondent No.1 and None Appeared for the Respondent No.2.

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The Court made the following: ORDER

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THE HONOURABLE SRI JUSTICE N.TUKARAMJI

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CRIMINAL PETITION No.5581 OF 2025

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ORDER

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This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS, 2023') seeking quashment of the proceedings in C.O.R.No.06 of 2025 on the file of the Prohibition & Excise Police Station at Chandur, against the petitionersaccused Nos.2 to 5

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The petitioners are arrayed as accused Nos.2 to5 in C.O.R.No.06 o'f 2025 registered for the offences punishable under Sections 34(a) and 37A of TS Excise Act,^'1968

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Heard Mr.Ponnam Ashok Goud, learned counsel for the petitioners and [\4r.Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent No.1-State.

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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 of less than seven years, the Police concerned have not issued any notice under Section 35⁽³⁾ of BNSS, 2023, as such, the petitioners are apprehending coercive measures against them. Learned counsel further submits that^the petitioners are ready to cooperate with the investigation, hence prayed for necessary^directions for issuance of notice as^per law.

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2

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Learned Additionar Pubric prosecutor submits that the porice concerned are ready to issue 35 (3) of BNSS, 2023 notice and as per their instructions, the petitioners are not available for personal service and they may directed to cooperate with the investigation.

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I have perused the materials on record

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7 . Having regard to the fact that the contraband was not seized from the physical possession of the petitioners and except an averment in the complaint that if the seized contraband is consumed it may lead to death, no other material imaging such consequence, keeping open all prerogatives of the investigation, the petitioners are directed to appear before the Prohibition & Excise police station at chandur. on or before 07.05.2025, whereupon, the lnvestigating officer shail issue notice on the petitioners under Section 35 (3) of BNSS, 2023 in C.O R.No 06 of 2025 and take up further proceedings as per the guidelines of Arnesh Kumar v' state of Biharl scrupurousry. rn unison, the petitioners are directed to cooperate with the investigation.

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To,

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o With this direction, this Criminal petition is disposed of Pending miscellaneous applications, if an y, shall stand closed SD/: A.S,{EENIV ASA REDDY il ASSISTA NT REGISTRAR / [eor,a)g'gcc^123//rRuE copy, SECTION OFFICER

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.1. The prohibitior

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or re,ansana ar ,,R : Iff"ii:jiffi;[fJ?r'::J',r'Jil1"3;l-"?i,",1, "tate W"!,^{?ff33 8.H,t;'nam AshokGoud,Advocate[opuc,}

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HIGH COURT