Disposed

Khitalapuram Dhawal v. The State of Telangana

Telangana HC19 Jun 2025CRLP/7437/2025

Case brief

AI extract

What is this about?

Accused No.2 in an NDPS Act case sought quashing of proceedings and protection from coercive measures absent a Section 35(3) BNSS notice. The court directed him to appear before the SHO within one week, required the Investigating Officer to issue a Section 35(3) notice following Arnesh Kumar guidelines, and disposed of the petition.

What did the court decide?

Petitioner directed to appear before SHO Masab Tank within one week; Investigating Officer to issue Section 35(3) BNSS notice per Arnesh Kumar guidelines; no coercive action pending that.

Khitalapuram Dhawal Vs The State of Telangana — Narcotics (NDPS) | Telangana HC (2025)

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132171

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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THURSDAY, THE NINETEENTH 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: 7437 OF 2025

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Between:

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Khitalapuram Dhawal, S/o Khitalapuram Bhaskar Aged about 29 years, Occ Architecture, R/o. H. No.1-130, Sai Nagar, Malkajgiri, Hyderabad.

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...PETITIONERYACCUSED No.2

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AND

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The State of Telangana, Rep. by its Public Prosecutor High Court of Telangana at Hyderabad

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Ir/. Satheesh, Occ. Sub-lnspector of Police, O/o. Masab Tank Police Station, Hytechcity, Hyderabad, Telangana.

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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 High Court may be pleased to call for entire records in FlR. No. 98 OF 2025, Dt.22-04-2025, on the file of P.S. Masab Tank, Hyderabad District, on for the offences punishable under section B(C) R/w 20(b)(ii)(A), 27(b) of NDPS Act,19B5, and quash the same against the Petitioner.

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I.A. NO: 2OF 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 to grant stay of further proceedings in FlR. No. 98 OF 2025, Dt. 2204-2025, on the file of P.S. Masab Tank, Hyderabad District, on for the offences punishable under section 8(C) R/w 20(b)(iiXA), 27(b) of NDPS Act,1985, inctuding Arrest of the Petitioner, pending disposal of the above Criminal Petition.

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This Petition coming on for hearing, upon perusing the lvlemorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri NARAPARAJU AVANEESH ,Advocate for the Petitioner and the 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 CRIMINAL PETITION No.7437 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_98 of 2025 of t\ilasab Tank Police Station, Hyderabad District, against the petitioner.

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The petitioner is accused No.2 in Crime No.9B of 2O2S registered for the offences under Sections B(c) r/w 20(bXiiXA), 27 (b) oI NDPS Act.

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Heard Mr. Naraparaju Avaneesh, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional public Prosecutor appearing for the respondent No.1-State.

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Learned counsel for the petitioner respectfully submits that although the petitioner is fully committed to cooperating with the investigative process, he is apprehensive of potential coercive action being taken against him. 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 has not yet issued any notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). lt is further submitted that the petitioner has no intention of evading the investigation and is willing to extend full cooperation to the authorities. ln light of these circumstances, learned counsel prays that appropriate directions be issued to the concerned police officials to proceed in accordance with law by issuing.a notice under Section 35(3) of the BNSS, thereby safeguarding the petitioner from any unwarranted coercive measures.

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Learned Assistant Public Prosecutor opposed the petition

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I have perused the materials on record

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Considering that the alleged offences are punishable with imprisonment for a term less than seven years, and in view of the petitioners' willingness to participate in the investigative process, the petitioner is hereby directed to appear before the Station House Officer (SHO), Masab Tank Police Station, within one week from the date of receipt of a copy of this order. Upon such appearance, the lnvestigating Officer shall issue notice to the petitioner under Section 35(3) of the BNSS, in connection with Crime No.9B of 2025, and shall proceed further strictly in accordance with the guidelines laid down by the Hon'ble Supreme Court in Arnesh Kumar v- Slafe of Bihar, [(2O14) I SCC 2731. Simultaneously, the petitioner is directed to extend full cooperation to the Investigating Officer during the course of the investigation.

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8. With this direction, this Criminal Petition is disposed of

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Pending miscellaneous applications, if any, shall stan$ closed.

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//TRUE GOPY//

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Sd/- MOHD. ISMAIL
D UTY REGISTRAR
i
S CTION OFFICER

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To,

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