Disposed

Pandiri Upender v. The State of Telangana

Telangana HC16 Jun 2025CRLP/7134/2025

Case brief

AI extract

What is this about?

Accused in a Section 363 IPC FIR sought quashment or a stay apprehending coercive steps for want of a Section 41-A Cr.P.C. notice. Without examining merits, the High Court directed him to appear before the SHO within a week and the investigating officer to issue a 41-A notice, following Arnesh Kumar guidelines.

What did the court decide?

Direction to petitioner to appear before SHO, Chinnagudur P.S., within one week; investigating officer to issue Section 41-A Cr.P.C. notice and proceed per Arnesh Kumar guidelines.

Pandiri Upender Vs The State of Telangana — Quashing and FIR | Telangana HC (2025)

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132171

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

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MONDAY,THE SIXTEENTH^{DAY OF JUNE} TWO THOUSAND^{AND TWENTYFIVE}

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PRESENT

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THE HONOURABLE SRI^{JUSTICE N.TUKARAMJI}

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CRIMINAL PETITI^{ONNO: 7134OF 2025}

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Between:

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Pandiri Upender,^{s/o.Veeranna, Aged ab^out 2l yrs, Occ Car} .9river'^Caste' ivrr-Oliri.^-f,.JiOentof iawirim.^{Viirage Chinnagudur Mandal[t4ahabubabad} Distc, Pin code^- 506'101^{Telengana State'}

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...PETITIONER/ACCUSED^No'1

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AND

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1 The State of Telangana,^{Represented by its Public Prosecutor,Highcourt of} Telangana.

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...RESPONDENT^{No'1 /DEFACTO COMPLAINANT}

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Badhra Lunavath,^{Wo Rama Rao, Aged about 37-yrs, Occ'Lab^our'- R/ o'} tvlangorigudem Chinnagudur^{Mahabubabad Dist, Pin code- 50ei1u'l} ' Telengana State.

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...RESPONDENT^{No.2/DEFACTO COMPLAINANT}

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PetitionunderSection52BofBNSS,prayingthatinthecircumstances stated in the lvlemorandum^{of Groundsof criminalPetition,the High court may} be pleased to call^{for the records relating to proceedings in CrimeNo 43 0:.2924} OV if.''" Corrt of^{the First Class Magistiateat Thorrur, tvlahabubabad, District} ,Jglit"reO the case^{against the petitioner under section363 of lndian PenalCode} an-d pending against^{the Petitioner/Accused and quash the same'}

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r.A. NO: 20F 2025

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PetitionunderSection52BofBNSS,prayingthatinthecircumstances stated in the Memorandum^{of Groundsof criminalPetition,the High courtmay} 6" pr"rr"o to stay^{of all further proceedingsin crimeNo.43 of 2024by the court} oi ifre f irst Clasi^{Magistrate at Thorrur, Mahabubabad, District registeredthe} case against^{the petitioner under section363 of lndianPenal code andpending} against the^{Petitioner/Accused.}

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This Petition coming on for hearing, upon^{perusingthe Memorandumof Grounds} of criminal Petition and upon hearing^{the arguments of sri Ir4 SREERAMULU,} Advocate for the Petitioner and sri.^{JITHENDRA RAO VEERATVALLA,Assistant} Public Prosecutor, on behalf of the^{RespondentNo.1 andnt>ne appeared for the} Respondent No.2

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The Court made the following:^ORDER

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r I a

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THE HONOURABLE SRI JUSTICE N.TUKARAMJI

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CRIMINAL PETITION No.7134 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.43 of 2024 of Chinnagudur Police Station, lt/ahabubabad District, against the^petitioner

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The petitioner is sole accused in Crime No.43 of 2024 registered for the offences punishable under Section 363 of lndian Penal Code, 1860.

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Heard Mr.M. Sreeramulu, Iearned counsel for the^petitioner and Mr.Jithender Rao Veeramalla, Iearned Additional Public Prosecutor appearing for the respondent No.1-State.

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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 up to seven years, the Police concerned have not issued any notice under Section 41-A of the Code of Criminal Procedure, 1973 (for short Cr.P.C.), as such, 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 of notice as per law.}

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N71(/ i.li.P.No. 7l )1 01 2a25^-r

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Learned Additionar Pubric^prosecutor submirs that the porice concerned are ready to issue notice under Section 41_,\ of Cr.p.C

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I have perused the materials on record

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Having regard to the fact that the alleged offen,:es are punishable with an imprisonment up to seven years and as the pr:titioner/accused is ready to engage himself in the process, without goingt into merits of the matter, the petitioner is directed to appear before the .sHo, chinnagudur Police Station, wrthin one week from the date of receil:t of a copy of this order. Upon such appearance, the lnvestigating office- sha[ issue notice on the petitioner under Section 41-A of Cr.p.C., in Crime No.43 ot 2024 and take up further proceedings as per the guidelines of Arnesh Kumar y. Stafe of Biharl scrupulously. The petitioner may submit his explanation, whereupon the investigating agency, considering the materials, will continue the investigation and determinr: the complicity of the parties. ln unison, petitioner is directed to cooperate with the investigation.

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