Disposed

Kondasani Rajesh v. The State of Telangana

Telangana HC8 Jul 2025CRLP/8361/2025

Case brief

AI extract

What is this about?

The High Court directed the accused to appear before the SHO within seven days to receive a notice under Section 35(3) of BNSS and cooperate with the investigation, noting the alleged offences are punishable with imprisonment below seven years.

What did the court decide?

Direction to appear before SHO within 7 days to receive notice under Section 35(3) of BNS and cooperate with investigation.

Kondasani Rajesh Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

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IN THE HIGH COURTFOR THE STATE OF TELANGANA AT HYDERABAD

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TUESDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRl JUSTICE N.TUKARAMJI

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CRIMINAL PETITION NO: 8361 OF 2025

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Between:

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Kondasani Rajesh, S/o K. Satyanarayana, aged about 42 years, Oa Business, R/o. H. No. 9- 6- 1 19, Baddipochamma Veedhi, Vemulawada, Rajanna Siricilla District, Telangana- 505302.

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...PETITIONER/ACCUSED

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AND

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The State of Telangana, Through its S. H. O, PS Boinpalli, Rajanna Siricilla District Rep. by its Public Prosecutor

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.,.RESPONDENT

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Gudi Kavitha, Wo. Bhupathi Reddy Aged 42 years, Occ House wife, R/o. Ramakistapur Village, Kodimyal Mandal, Jagityal District, Telangana State

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...RESPONDENT/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 the entire crime record and quash the crime in FIR No. 113 of 2025, dt. 30- 06- 2025 of PS Boinpalli, Rajanna Siricilla Dist for the offences U/Sec. 329(3) ,324(4),351(2), 292 of BNS, as illegal and arbitrary contrary to settled propositions of law.

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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 to grant stay of all further proceedings including arrest of the petitioner/Accused herein in connection with FIR No. 113 of 2025 Dated.30.06.2025 of PS Boinpalli, Rajanna Siricilla District U/Sec. 329(3), 324(4), 351(2),292 ol BNS, pending disposal of the above 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 arguments of Mr. N.Venkataiah, Advocate for the Petitioner and the Additional Public Prosecutor, High Court for the State of Telangana, Hyderabad on behalf of the Respondent No.1.

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The Court made the following: ORDER:

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t t

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THE HONr)tJRABLE SRI JUSTICE N.TUKARAIJIJI

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CRllllNAL PETITION No.836 1oF 2025

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ORDER

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This petition is filed under Section 528 of Bharatiya Nagaril, Suraksha Sanhita, 2023 seeking^quashment of the^proceedings in FlR.No.113 of 2025, dated 30.06.2025 on tlte file of the P.S Boinapalli, Rajanna Siricilla District against the^{petitioner/a<;cused.}

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Heard Mr. N.Verkataiah, learned counsel for petitioner, Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent No.¹ -State.

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The petitioners is arrayed as accused in FlR.No.113 of 20:25 facing accusation under Sectiorrs 329(3), 324(4), 351 (2'), 292 BNS.

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Learned counsel for the petitioner would submit that thc,ugh the petitioner is determinetl to see the process through and the alleged offences are punishable with an imprisonment of less than seven years, the Police concerned have not issued any notice under Section 35 (3) of BNSS, 2023, as such, tlre petitioner is apprehending coercive m{)asures against him. Learned cc,u.rsel further submits that the^{petitioneri,s} ready to cooperate with the invr:stigation, hence prayed for necessary directions for issuance of notice as rer law

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Learned Additional f)ublic Prosecutor submits that as per written instructions, notice under Section 35(3) of BNSS has been sen'ed on

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petitioner/accused on 02.07.2025 and he may be directed to cooperate

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with the investigation.

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I have perused the materials on record

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Having regard to the fact that the alleged offences are punishable with an imprisonment below seven years aM as the petitioner is ready to engage himself in the process, without going into merits of the matter, the petitioner is directed to appear before the SHO, P.S Boinapalli, Rajanna Siricilla District, within seven days from the date of receipt of a copy of this order, whereupon, the lnvestigating Officer shall issue notice on the petitioner under Section 35 (3) of BNSS, 2023 in FIR No.113 of 2025 and take up further proceedings as per the guidelines o'f Arnesh Kumar v. State of Bihar' scrupulously. lf notice on petitioner is not yet served, the investigating officer shall take steps to serye notice on him also as per above procedure. ln unison, the petitioner is directed to cooperate with the investigation.

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

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Pending miscellaneous applications, if any- shall stand closed.

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'fto'r )vscc^rtl

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SD/. BHAVANI SWAMY SI TANT REGISTRAR

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/ITRUE COPY//

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CTION OFFICER ,t \ To,

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The station^{Houseofficer, Boinpalli Police station, Rajannasiricilla District}

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One CC to Sri.^{N.Venkataiah,Advocate} IOPUC]

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3.oneCCtothePublicProsecutor,HighCourtfortheStateofTelangana, Hyderabad [OUT]

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Two CD CoPies.

--:

HIGH COURT

DATED:08t07'12025

ORDER

CRLP.No.8361 ot 2025

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¶52

DISPOSED OF THE CRIMINAL PETITION

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Kondasani Rajesh v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Kondasani Rajesh v. The State of Telangana

Case brief

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What did the court decide?

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