Disposed

Rashmi Pradan v. The State of Telangana

Telangana HC17 Jun 2025CRLP/7119/2025

Case brief

AI extract

What is this about?

Accused sought quashing of FIR proceedings and protection from coercive steps, alleging no Section 35(3) BNSS notice was issued despite the offence carrying less than seven years' imprisonment. The court directed them to appear before the SHO within a week and directed issuance of such notice per Arnesh Kumar.

What did the court decide?

Petitioners directed to appear before SHO Balanagar PS within one week; IO to issue notice under Section 35(3) BNSS and proceed per Arnesh Kumar guidelines.

Rashmi Pradan Vs The State of Telangana — Quashing and FIR | Telangana HC (2025)

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13217 |

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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TUESDAY, THE SEVENTEENTH 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 PETITION NO: 7119 OF 2025

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Between:

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Rashmi Pradan, W/o. Braja Sundar^{Pradan Age.52 yedrs,Occ. Managing} Director, Fi/o. Flat No. 703, Agate^{Block,My Home Jewel,Madinaguda,} Rangad Reedy Diskict. TS.^(A-1)

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Brala Sundar Pradan, S/o. Udayanath^{Pradan Age64Years,Occ.Director,} R/o. Flat No. 703, Agate Block, My Home Jewel, Madinaguda,^{Rangad Reedy} District. TS. (A-2)

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...PETITIONERS/ACCUSED NO. 1 & 2

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AND

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The State of Telangana, Through its^{Public Prosecutor, HighCourt Building,} High Court, Hyderabad.

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Sri. Takur Nanda Kishore, S/o.^{Bheem singh,Age. 51 years, Occ. Electrician,} Rlio. H.No. 407, Vivekananda Nagar, Quthbullapur, Medchal^Malkajgiri District. TS.

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...RESPONDENTS/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 HighCourt may} be^pleased to^quash the^{proceedings againstthe Petitioners/AccusedNo.1 and 2} in Crime No. 214 of 2025^registered by^{PS Balanagar,Cyberabad} Commissionerate for the offences^{under Sections125, 125(b) r/w 3(5) of BNS.}

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l.A. NO: 2OF 2O2s

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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 stay of all^{proceedings againstthe Petitioners/AccusedNo.1and 2} in Crime No. 214 of 2025,^registered by^{PS Balanagar,Cyberabad} Commissionerate for the offences^{under Sections 125, 125(b)r/w 3(5) of BNS} peMing disposal of the 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 argu nents of Sri KORE VISHWANATH, Advocate for the Petitioners and tvlr'. JTTHENDER RAO VEERAMALLA, the Additional Public Prosecutor on behalf of 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. 71'19 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.214 of 2O2S of Balanagar : Police Station, Cyberabad Commissionerate, against the petitbners.

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The petitioners are arrayed as accused Nos.1 and 2 in Crime No.214 ol 2O25 registered for the offences under Sections 12S, 125(b) read with 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short 'BNS, 2023').

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Heard Mr. Kore Vishewanath, learned counsel for the petitioners and Mr.Jithender Rao Veeramalla, learned Additional public Prosecutor appearing for the respondent No 1 -State.

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Leamed counsel for the petitioners respectfully submits that although the petitioners are fully committed to cooperate with the investigative process, they are apprehensive of potential coercive action being taken against them. This concern arises from the fact that, despite the alleged offence being punishable with imprisonment for a term less than seven years, the investigating police authority hSl Tt yet issued any notice under Section 35(3) of the Bharatiya Nagarik

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Suraksha Sanhita, 2023^(BNSS). lt is^{furthersul mitted that the} petitioners have no intention of evading the investigilt^{on and they are} willing to extend full cooperation to the authorities^{n light of these} circumstances, leamed counsel^prays that^{appropriz'tedirectionsbe} issued to the concemed^police officials to^{proceed ir accordancewith} law by issuing a notice under Section 35(3) of^{ti e BNSS,thereby} safeguarding the petitioners from any unwarranted^{c(te rcive measures.}

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Learned Additional Public Prosecutor opposec^{1le petition}

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I have perused the materials on record

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Considering that the alleged offences^{are punisttablewith} imprisonment for a term less than^{sevenyears,a n iin vtew of the} petitioners' willingness to participate in the investiga^{ive process, the} petitioners are hereby directed to appear before^th :^{Station House} Officer (SHO), Balanagar Police Station,^{within one rvr:ek from the date} of receipt of a copy of this^{order. Upon such rppearance,the} lnvestigating Officer shall issue notice to^{the petitiorrrrs under Section} 35(3) of the BNSS, in connection^{with Crime No.214} ':^{f 2025' and shall} proceed further strictly in accordance with the^{guide'lrresla d down by} the Hon'ble Supreme Court in Arnesh Kumar^{v. Stakt}

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of Biha/,. Simultaneously, the petitioners are directed to extend full cooperation to the lnvestigating Of{icer during the course of the investigation.

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With this direction, this Criminal Petition is disposed of

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Pending misceHaneous applications,^if any, shall stand closed

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Sd/. S. MALLIKARJUNA^RAO ASSt TANT^REGISTRAR

/ITRUE COPY//

E ION OFFICER

To,

The xlll Additional^{Judicial Magistrateof First class,Kukatpally, cyberaba} d.

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The Station^{HouseOfficer, Balanagar Poiice Station' Cyberabad District'}

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One CC to Sri.^{Kore Vishwanath Advocate[OPUC]}

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Two CCs to Sri.^{Public Prosecutor, HighCourt for the State of Telangana'} touTl

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Two CD CoPies

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'^{(2014) 8 SCC273}

HIGH COURT

NTR,J

DATED: 1 7 10612025

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ORDER

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CRLP.No.7119 o12025

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DISPOSING THE CRIMINAL PETITION

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Rashmi Pradan v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Rashmi Pradan v. The State of Telangana

Case brief

What is this about?

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