Telangana High Court
CRLP/16132/2024 of Annepaga Kiran Kumar Vs State of Telangana on 31 December 2024
COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION NO: 16132 oF 2024 Between: Annepaga_Kiran. Kumql, S/o. Prakasa Rao, Aged 45 years, occ. consultant, 11-11-77 ,
IN THE HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD
TUESDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT JUSTICE K. SUJANA
CRIMINAL PETITION NO: 16132 oF 2024
Between:
Annepaga_Kiran. Kumql, S/o. Prakasa Rao, Aged 45 years, occ. consultant,11-11-77 , Ground floor, Telephone Colony, R.K. Puram, Kottiapet, R.R. District.11-11-77 , Ground floor, Telephone Colony, R.K. Puram, Kottiapet, R.R. District.
...Petitioner/Accused No.1
AND
1. State of Telangana, Rep. by its Public prosecutor, High Court at Hyderabad.
2 Bairugo.nda Sreenu, S/o Bairugonda Anjayya, Aged 25 years,Occ. labourer/private employee, R/o. Behind Omnr' Hospitat, Saroor Nagar,Hyderabad, N/o. Kondaiurdm Village, Chaduru Mandal Nalgonda Distiict,508244Occ. labourer/private employee, R/o. Behind Omnr' Hospitat, Saroor Nagar,Hyderabad, N/o. Kondaiurdm Village, Chaduru Mandal Nalgonda Distiict,508244
...RespondenUDe-facto Gomplainant
Petition under Section 528 of B.N.S.S. praying that in the circumstancesstated in the Memorandum of Grounds of Criminal Petition, the High Court maybe pleased to quash the proceedings in FIR No. 945t2O24 on the file ofPS Chaitanyapuri, Rachakonda District.stated in the Memorandum of Grounds of Criminal Petition, the High Court maybe pleased to quash the proceedings in FIR No. 945t2O24 on the file ofPS Chaitanyapuri, Rachakonda District.
l.A. NO: 2OF 2024
Petition under Section 528 of B.N.S,S. praying that in the circumstancesstated in the Memorandum of Grounds of Criminal Petition, the High Court maystated in the Memorandum of Grounds of Criminal Petition, the High Court maybe pleased to stay all the further investigation in FIR No. 945 of 2024Dl. 27-11-2024 on the file of Chaitanyapuri P.S including the arrest of thepetitio n e r/a ccused No.1 .petitio n e r/a ccused No.1 .
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l.A. NO: 1 OF 2024
Petition under Section 528 of B.N.S.S. praying that in the circumstancesstated in the Memorandum of Grounds of Criminal Petition, the High Court maystated in the Memorandum of Grounds of Criminal Petition, the High Court maybe pleased to dispense with the certified copies of FIR No. 945t2024 on the fileof PS Chaitanyapuri, Rachakonda district.of PS Chaitanyapuri, Rachakonda district.
This Petition coming on for hearing, upon perusing the Memorandum ofGrounds of Criminal Petition and upon hearing the arguments ofSri G Ravi Chandra Sekhar, Advocate for the petitioner and theAsst. Public Prosecutor on behalf of the Respondent No.1 and none appeared forthe Respondent No 2.
The Court made the following: ORDER
THE HONOURABLE SMT JUSTICE [K. ][SUJANA]CRIMINAL PETITION No.16132 [of ]2o24
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ORAL ORDER:
This Criminal Petition is fi1ed [under ][Section ][528]Bharatiya Nagarik Suraksha Sanhita [(for ][short ]['BNSSJ ][by ][the]petitioner/ accused No.1 seeking to [quash ][the ][proceedings]against him in FIR No.945 [of ][2024 ][before ][the ][Chaitanyapuri]Police Station, Rachakonda District, [registered ][for the ][alleged]offences punishable under [Sections ][318(4) ][and ][3i6(2) ][of ][the]Bharatiya Nyaya Sanhitha,2023 [(for ][sirort ]'BNS'-
2. Heard Sri G.Ravichandra [Sekhar, leamed ][counsel for ][the]petitioner and learned Additional [Public ][Prosecutor ][for]respondent No.1 - State.t
3. Without going into the merits [of the ][case, ][since ][the]punishment prescribed for the [offences ][alleged ][against ][the]petitioner is less than seven [(O7i ][years, ][this ][Court ][deems ][it]appropriate to direct the [petitioner ][to ][appealr ][before ][the]Officer [on ][or before ][10.01.2025 ][between ][11:O0 ][a'm']Investigating and 05:OO p.m. and [in turn, ][the ][Investigating Oflicer ][is ][directed]to follow the [procedure ][laid ][down ][under ][Section ][35 ][(3) ][of ][BNSS]previously section 41-A oi Criminal [Procedure ][Cocle ][and ][also ][the]
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guidelines formulated by the Hon,ble Supreme Court of India inAnresh Kumar o. Sto:te of Biho;rt scrupulously. However, theAnresh Kumar o. Sto:te of Biho;rt scrupulously. However, thepetitioner shali submit his defense and co-operate with theInvestigating Officer as and when required by furnishinginformation and produce all relevant documents/materialrequired for the purpose of the investigation and therequired for the purpose of the investigation and theInvestigating Officer shall consider the same before Iilingappropriate report before the learned Magistrate concerned.appropriate report before the learned Magistrate concerned.
4Accordinglv, the Criminal Petition is disposed of.
Miscellareous applications, if any pending, shall alsostand closed.stand closed.
Sd/- MOHD. ISMAILASSISTANT REGISTRAR
//TRUE COPY//
TION OFFICER
To,
1 . The station House officer, chaitanyapuri Police station, Rachakonda District.2. One CC to Sri. G Ravi Chandra Sekhar Advocate [OpUC]2. One CC to Sri. G Ravi Chandra Sekhar Advocate [OpUC]
3. Two CCs to Public Prosecutor, High Court for the State of Telangana. [OUT]4. Two CD Copies.4. Two CD Copies.
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HIGH COURT
DATED:31 11212024
:, rvdS*ORDER.t\,foCRLP.No.16132 ot 2024.!.9Z0Z 8il Ir8Y^J,.t. :i 3u!1Ii [E ]S 14kt1O FEB M('{)('sI,ATC HEo,t DISPOSING OF THE CRIMINAL PETITIONO\9>