Mr. Jonna Venkata Tirupathi Rao Vs The State of Telangana

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a32171

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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MONDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENry FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE N.TUKARAMJI

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CRIMINAL PETITION NO: 7061 OF 2025

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Between:

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Mr. Jonna Venkata Tirupathi Rao, S/o. Jonna Venkat Rao Aged 42 Years, Occ Business, M/s. G. A Capital lt/lanagement Pvt. Ltd. Office H. No. 1 - 22 - 254,gth Floor, Kura Towers, S. P. Road, Begumpet Hyderabad. R/o. Plot No. 260, Kakatiya Hills, Avenue - 2, Road No.6, GuttalaBegumpet, Jubilee Hills, Hyderabad - 500033

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Mr. S. Venugopal Sharma, S/o. S. Chandrakanth Sharma Aged 47 Years, Occ Private Service, Employee tt//s G. A Capital tVlanagement Pvt. Ltd. Office H. No. 1 - 22 - 254, 9th Floor, Kura Towers, S. P. Road, Begumpet Hyderabad, R/o. 7 - 1111lB, Prashnath Hills, Raidurga, Gachibowli Road,Sherlingampally, Golconda Hyderabad - 500008

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...Petitioner/Accused A1 AND 2

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AND

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'1 . The State of Telangana, Through the Police Station, Begumpet, Hyderabad, Rep. by the Public Prosecutor, High Court Buildings, Hyderabad.

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2 Sri Adhi Raju Agnihothra Sharma, S/o. A. Bhavani Shankarudu, Aged 85 Years, Occ Retired, R/o. H. No. 6 - 3 - 12461A, Somajiguda, Raj Bhavan Colony Lane, Hyderabad - 500082

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...Respondents

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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 bearing No. FIR No. 202 of 2025 (Regd. P. S. Begumpet, Hyderabad)

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l.A. NO: 2 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 may be pleased suspend the proceedlngs of FIR No. 202 of 2025,(Regd. P. S. Begumpet, Hyderabad) including the arrest of the petitioners

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This Petition coming on for hearrng, upon perusingl the lt/emorandum of Grounds of Criminal Petition and upon hearing the a'guments of Sri J C FRANCIS, Advocate for the Petitioner and the Public Pros;ecutor (TG) on behalf of the Respondent No.^'l and None appeared for the Respcndent No.2.

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The Court made the following: ORDER

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.r/ t

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THE HONOURABLE SRI JUSTICE N.TUKARAMJI

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CRIMINAL PETITION No.7061 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 Crime No.202 of 2025^{of Begumpet} Police Station, Hyderabad, against the^petitioners.

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Heard Mr.J,C.Francis, learned counsel^{for the petitioners and} ttllr.Jithender Rao Veeramalla, learned^{Additional Public Prosecutor} appearing for the respondenl No.1-State.

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The petitioners are arrayed as^{accused Nos.1 and 2 in Crime} No.202 of 2025 registered for the^{offences punishable underSections} 318 (4) and 316 (5) r/w. 3⁽⁵⁾ of Bharatiya^{Nyaya Sanhita, 2023.}

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Learned counsel for the^{petitioners would submitthat thoughthe} petitioners are determined to see the^process through and^{the Police} concerned have not issued any^{notice under Section 35(3)of BNSS'} 2023, as such they are apprehending^{coercive measures againstthem.} He further submits that the^{petitionersare ready to cooperate with the} investigation, hence prayed for necessary^{directionsfor issuance of} notice as per law.

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Learned Additional Public Prosecutor^{opposed the petition.}

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lhave perused the materials on^record.

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T

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2

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Having regard to the submissions of the learnecl counsel, though the Section 316⁽⁵⁾ has been atkibuted, this Court rs of c;onsidered view that, keeping open all^prerogatives in the inves.igation, directing the^petitioners to appear before the lnvestigating Agerrcy within a week from the date of receipt of a copy of this order, ernd directing the investigating officer to issue notice on the petitione.s under Section 35(3) of BNSS, 2023 in Crime No.202 of 2025 anc take up further proceedings as per the guidelines of Arnesh Kutnar v. Stafe of Biharl ,is found^proper. Accordingly ordered. ln uniscn, the petitioners shall cooperate with the investigation.

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