Telangana High Court

CRLP/17457/2025 of Kamalesh Shah Vs The State of Telangana, on 31 December 2025

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COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FNE PRESENT THE HONOURABLE SMT JUSTICE TIRUMALA DEVI EADA CRIM INAL PETITION NO: 17457 OF 2025 Between: Kamalesh Shah, S/o. Rajanikanth Shah, Aged 62 years, Occ Employed, Rl/o.

134441

THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

WEDNESDAY, THE THIRTY FIRST DAY OF DECEMBER

TWO THOUSAND AND TWENTY FNE

PRESENT

THE HONOURABLE SMT JUSTICE TIRUMALA DEVI EADA

CRIM INAL PETITION NO: 17457 OF 2025

Between:

Kamalesh Shah, S/o. Rajanikanth Shah, Aged 62 years, Occ Employed, Rl/o.

Madhav Colony, Gujar Colony, Dhule, Maharashtra - 424001

...PETITIONER/ACCUSED No.3

AND

'l . The State of Telangana, Through SHO, P.S. Bowenpally, Hyderabad Represented by its Public Prosecutor, High Court for the State of Telangana, at Hyderabad

2. V. Vishwanath Chary, S/o. Venkat Ramulu, Aged 44 years, Occ Business Rl/o. H.

No. 2-3-802, Cooperative Bank colony, Road No. 15, Nagole, Medchal-Malkajgiri 500068

...RESPONDENTS/COMPLAINANTS

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 Quash the proceedings in Crime No. 665 ot 2024 on the file of P.S.

Bowenpally, Hyderabad for the offence under Sections 316(2), 318 (4), 61 r/w.

3(5) of BNS, 2023 against the Petitioner/ Accused No. 3,

l.A. NO: 2OF 2025

Petition under Section 528 of BNSS., praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Cou( may be pleased to stay all further proceedings in Crime No. 665 of 2024 on the file of P.S.

Bowenpally, Hyderabad for the offence under Sections 316(2), 318 (4), 61 r/w.

3(5) of BNS, 2023 against the Petitioner/ Accused No. 3 including the investigation and arrest of the Petitioner/ Accused No. 3, pending disposal of the Criminal Petition.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Shaik Shareef, Advocate for the Petitioner and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor on behalf of the Respondent No.1, and none appears for Respondent No. 2.

The Court made the following: ORDER

t

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT

HYDERABAD

THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA

CRIMINAL PETITION No.17457 ot 2025

Date:31.12.2025

Between:

Kamalesh Shah

..Petitioner/accused No.3

AND

The State of Telangana, Through SHO, PS Bowenpally, Hyderabad Represented by its Public Prosecutor, High Court for the State of Telangana at Hyderabad and another

...Respondents

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ORDER

1. This; Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (tor short 'BNSS') seeking to quash the proc:eedings against the petitioner/accused No.3 in Crime.No.665 of 2024, on the file of Bowenpally Police Station, Hyderabad, registered for the offence punishable under Sections 316(2),318(4), r/w. 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short 'BNS'). \

ETD, J Crlp_17457 2025

2. Heard Sri Shaik Shareef, leamed counsel for the petitioner/accused No.3 as well as Sri Jithender Rao Veeramalla, the learned Additional Public Prosecutor appearing for the respondent No.1-State.

3. Learned counsel for the petitioner have restricted his submission stating that a direction be issued to the Police to follow the procedure prescribed under Section 35 (3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short'BNSS').

4. On the other hand, the learned Additional Public Prosecutor submitted that the punishment prescribed for the offences alleged against the petitioner is less than seven (07) years and has sought for directions to the Police to proceed with investigation by issuing notice under Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').

5. Perused the record. The allegations leveled against the petitioner pertain to the offence under Sections 316(2), 318(a) r/w. 3(5) of BNS, which attracts punishment of less than seven years. Hence, without going into the merits of the case, this Court deems it appropriate to direct the petitioner/accused No.3 to appear before the lnvestigating Officer on or before 28.01.2026 between 11:00 a.m. --"-*_<- I

,,,

ETD, J Crlp_17457 _2025 and 05:03 p.m. and in turn, the lnvestigating Officer is directed to follow the procedure laid down under Section 35 (3) of the BNSS (previous y section 41-A of Criminal Procedure Code, 1973) and also the guidelines formulated by the Hon'ble Supreme Court of lndia in Arnesh tKumar y. Stafe of Biharl scrupulously. However, the petitioneriaccused No.3 shall submit his defense and co-operate with the lnves;tigating Officer as and when required by fumishing information and producing all relevant documents/material required for the purpose of investigation and the lnvestigating Offcer shall consider the same and complete the investigation strictly in accordanc:e with law. ln case, the petitioner fails to appear before the lnvestigating Officer within the stipulated time, the lnvestigating Officer is at liberty to take necessary steps in accordance with law.

6. Accordingly the Criminal Petition is disposed of. 7 . As ia sequel, miscellaneous petitions, pending if any, shall stand closr:d. Sd/- P. PONNA KRISHNA ASSISTANT REGISTRAR I 62o,O 8 ScC 213 //TRUE COPY// SECTION OFFICER To,

1. The Xl Additional Chief Judicial Magistrate, Secunderabad.

2. The Station l-louse Officer, Bowenpally Police Station, Hyderabad District.

3. One CC to Sri Shaik Shareef, Advocate IOPUCI Ct-bd* '

4' Two CCs to Public Prosecutor, High Court for the State of Telangana (oUT)

5. Two CD Copies BJLB/kam // \ -J@ a

./ , HIGH COURT DATED:31 1121202s

ORDER

CRLP.No.1V457 o12025 \ CRIMINAL PETITION lS DISPOSED OF J-<S *1,1," t \.1 oo 0 6 rtB 2$26 -i: * \ f ( a

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