Disposed

Attuluri Navven Kumar @ Naveen v. The State of Telangana

Telangana HC14 Aug 2025CRLP/8536/2025

Case brief

AI extract

What is this about?

Petition to quash FIR under Sections 318(4), 351(2) r/w 3(5) BNS. Court disposed it directing police to issue notice under Section 35(3) BNSS, follow Arnesh Kumar guidelines, and petitioner to appear before the Investigating Officer.

What the court decided

AI extract

Attuluri Navven Kumar @ Naveen Vs The State of Telangana — Quashing and FIR | Telangana HC (2025)

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

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THURSDAY,THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SMT JUSTICE TIRUMALA DEVI EADA

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CRIMINAL PETITION NO: 8536 OF 2025

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Between:

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Attuluri Nawen Kumar @ Naveen, Sio. A.Sai Krishna Murthy,^{Aged about37} years. Occ. Private employee, R/o. H. No.8-3-168/6i36, Laxmi Nagar, Yousufguda, Kahirthabad, Hyderabad - 500 045.

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...PETITIONER/A - 6

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AND

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1 The State of Telangana, Represented by its Public^{Prosecutor, High Court of} Telangana at Hyderabad, through lnspector of Police^{TrimulgherryPolice} Station, Secunderabad.

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lvluskan, D/o. Late Mohd Rafi, Aged about^{25 Years, Occ. . Private employee,} R/o. H.No.3-41-52, Sastri Nagar, Lal Bazar, Secunderabad.

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..RESPONDENT/DEFACTO-COMPLAINANT

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Petition under Section 528 of BNSS^{prayingthat in the circumstances} stated in the Memorandum of Grounds of Criminal^{Petition,the High Court may} be pleased to Quash the Crime. No. 1'17 of 2025^{on the file lnspector of Police} Trimulgherry Police Station, under sections 318^{(4), 351 (2) r/w.3(5) of BNSon} the file of P.S. Trimulgherry, Secunderabad in the^{interest of justice}

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l.A. NO: 2 OF 2025

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Petition under Section 528 of BNSS^{prayingthat in the circumstances} stated in the Memorandum of Grounds of Criminal^{Petition,the High Court may} be pleased to stay all further^proceedings in Crime.^{No. 117 of 2025 on the file} lnspector of Police Trimulgherry Police Station,^{under sections 318 (4), 351(2)} r/w. 3(5) of BNS on the file of P.S.Trimulgherry, Secunderabad^includingthe arrest of the petitio ners/accused No.6 herein,^{pending disposalof the present} Criminal quash^petition, in the interest of^justice

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This Petition coming on for hearing,upon perusing :he Memorandum of Grounds of Criminal Petition and upon hearing the argurr rnts of Sri K ROHIT ,Advocate for the Petitroner and Mr V.Jithender Rao Additional Public Prosecutor on behalf of the Respondent No1. and n Ine appear for the Respondent No2.

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The Court made the following: ORDER

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THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA

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CRIMINAL PETITION No.8536 of 2025

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ORDER:

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This criminal petition is filed seeking to quash the proceedings in Crime No.117 of 2025 on the file of the Station House Officer, Trimulgherry Police Station, Hyderabad, against the petitioner-accused No.6.

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Heard Sri K. Rohit, learned counsel, Iearned counsel for the petitioner and Mr.Jithender Rao Veeramalla,^learned Additional Public Prosecutor for the respondent No.1-State

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Learned counsel for the^petitioner submits that a false case is registered against the^petitioner and that^punishment for the said offences is less than 7^years of imprisonment, and hence, prayed to direct the police to follow the^procedure laid down under Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (tor short^'BNSS').

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Learned Additional Public Prosecutor submits to^pass appropriate orders in the petition.

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Perused the record

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The offences alleged against the peti:i >ner are under Sections 318(4), 351(2) read with 3(5) of Br rratiya Nyaya Sanhita, 2023 (tor short 'BNS'). Hence, in he facts and circumstances of the case and considering tlr; rt the alleged offences are punishable with imprisonment of les,r than 7 years, the Criminal Petition is disposed of directing the pc lice concerned to issue notice under Section 35 (3) of BNSS t,t the petitioner. The petitioner is directed to appear before thr lnvestigating Officer concerned on or'before 30.08.2025 betwi en 11.00 a.m. and 5.00 p.m., and in turn, the lnvestigating Office^. is directed to follow the procedure laid down under Section 35 (l ) of BNSS and the guidelines formulated by the Hon'ble Apex^(), rgft |n Arnesh Kumar v. State of Biharl scrupulously. The pe titioner is also directed to co-operate with the lnvestigat r g Officer by furnishing the requisite information and document , as and when required by him.

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Miscellaneous Petitions pending, if any, shal stand closed.

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//TRUE COPY//

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SD/ P,PONNA KRISHNA AS S STANT REGISTRAR SECTION OFFICER

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To,

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1 The XXll Additional Chief Judicial Magistrate at Secun j )rabad

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