Disposed

Poloju Chiranjeeva Chary v. The State of Telangana

Telangana HC10 Jun 2025CRLP/6383/2025

Case brief

AI extract

What is this about?

Accused in a cheating/abuse/caste-atrocity FIR sought quashment fearing coercive steps as no Section 35(3) BNSS notice had been issued. The court directed him to appear before the SHO by a set date, notice to be issued under Section 35(3) BNSS, investigation per Arnesh Kumar guidelines.

What did the court decide?

Petitioner directed to appear before SHO, Mancherial Town PS by 17.06.2025; IO to issue notice under S.35(3) BNSS and follow Arnesh Kumar guidelines.

Poloju Chiranjeeva Chary Vs The State of Telangana — Caste Atrocities | Telangana HC (2025)

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13217 |

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IN THE HGH EOURT^{FOR THE STATEOF TELANGANA} AT HYDERABAD

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TUESDAY, THE TENTH^{DAY OF JUNE} TWO THOUSAND^{AND TWENTY FIVE}

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PRESENT

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THE HONOURABLE^{SRI-JUSTICE N.TUKARAMJI}

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CRIMINAL PETITIO^{N NO: 6383 OF 2025}

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Between:

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Poloiu Chiranieeva Chary, S/o^{Sambaiah, aged 60 years, Occ Advocate, R/o} H. fliist oe, beepak^{Nafiar, Mandamarri, MancherialDistrict}

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...Petitioner/Accused

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AND

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1 The State of Telangana,^{rep bythe Public Prosecutor,High Court for the} State of Telangana,^HYderabad.

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2 Uooalaiah Varanasi, S/o^{RamaSwamy, aged57 years, Occ Business,R/o} tgjsools, NTR Nagar, Mancherial^{Town and District}

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. ...ResPondents/ComPlainants

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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^{quash the FIR No 785 of 2024 daled 13-12-2024registeredagainst} inl'petitioner before^{pS Mancherial Town, Ramagundam Commissioneratein the} interest of^justice.

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This Petition coming^{on for hearing, upon perusing the Memorandum of} Grounds of Criminal^{Petition and upon hearing the argumentsof} sri M Rama Krishna,^{Advocatefor the Petitionerand sri Jithender Rao} Veeramalla, Additional^{Public Prosecutoron behalfof the Respondent No.1and} none appeared^{for RespondentNo.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.6383 oF 2025

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ORDER

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This criminar Petition is fired under section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (,or short^,BNSS, 2023,) seeking quashment of the proceedings in Crime No.7B5 of 2024 of P.S.lt4ancherial rown, Ramagundam commissionerate, agdinst the petitioner.

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The petitioner is arrayed as accused in crime No.7BS of 2024 registered for the offences punishabre under sections 318 (4), 296 (b) of Bharatiya Nyaya Sanhitha, 2023 and Section 3 (1) (r) (s) of the scheduled castes and schedured rribes (prevention of Atrocities) Act, 1989

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Heard Mr.M.Rama Krishna, rearned counser for the petitioner and Mr.Jithender Rao Veeramaila, rearned Additionar pubric prosecutor appearing for the respondent No.1-State.

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Learned counser for the petitioner wourd submit that though the petitioners are determined to see the process through and the aileged offences are punishable with an imprisonment upto seven years, the Police concerned have not issued any notice under Section 35 (3) of BNSS, 2023, as sugh, the petitioner 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 rf notice as per law.

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N7R'rr

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Crl.P.ilio. 6 )E) of 2025

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Learned Additional Public Prosecutor^{submits that the Police} concerned are ready to issue^{notice under Section 35 (3) of BNSS, 2023.}

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I have perused the materials on^record.

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Having regard to the fact that the alleged^{of{encesare punishable} with an imprisonment upto seven^{yearsand as the petitioneri accusedis} ready to engage himself in the^{process,without goinginto meritsof the} matter, the^petitioner is directed to^{appear before the SHO,Mancherial} Town Police Station, by 17.06.2025,^{whereupon,the lnvestigating Officer} shall issue notice on the^{petitioner under Section 35 (3) of BNSS'2023' in} Crime No.785 of 2024 and take^{up furtherproceedings as per the} guidelines of Arnesh Kumar v- State^{of Biharl scrupulously' The} petitioner may submit his explanation, for^{consideration in the} investigation and in concluding^{the complicity.ln unison, petitioneris} directed to cooperate^{with the investigation.}

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B. With this direction, this^{Criminal Petition is disposed of.}

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fending^{miscellaneous applications,if any, shall stand-close-d',} SD/. K.AMMAJI [auD^{f sLc- LT]} DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER

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To,

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1 The Station House Officer, Mancherial Town Poli tation, Ramagundam. 2 Two CCs to the PLiblic Prosecutor, High Court for the State of Telangana^at Hyderabad [OUT]

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