Telangana High Court
CRLP/13110/2025 of Dharavath Dastagiri@ Vikram, Vs The State of Telangana on 10 October 2025
COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE TENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT ..,, THE HONOURABLE SMT JUSTICE JUWADI SRIDEVI CRIMINAL PETITION NO: 13110 OF 2025 Between: 1. Dharavath Dastagiri@ Vikram,, S/o. Babu, Age 36 years, Occ. private Employee, Ryo.
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
FRIDAY, THE TENTH DAY OF OCTOBER
TWO THOUSAND AND TWENTY FIVE
PRESENT ..,,
THE HONOURABLE SMT JUSTICE JUWADI SRIDEVI
CRIMINAL PETITION NO: 13110 OF 2025
Between:
1. Dharavath Dastagiri@ Vikram,, S/o. Babu, Age 36 years, Occ. private Employee, Ryo. 10-62, li/angalanbanda Thanda, Kakarvai, Khammam, Telangana-507'16'1
2. Thodeti Bhalakrishna,, S/o. Bhiksham, Age 30 years, Occ. Private Employee, No. 1-771311A, Yellampeta, Maripeda, Warangal, Telangana-5063'1 5
...
PETITIONER/ACCUSED Nos.S & 6
AND
'1 . The State of Telangana, through SHO Suryapet, I Town PS, Suryapet District, Rep , by Public Prosecutor, High Court for the State of Telanganb, At Hyderabad.
2. Konakanchi Hariprasad,, S/o. Srinivas, Age 29 years, Occ. Medical Officer, UPHC(Urban Primary Health Center), R/o. Gopalapuram, Suryapet Dislrict, ..
RESPONDENTS
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. 287 of 2025, on the file of Station House Officer, Suryapet lTown PS, Suryapet District, against the Petitioners/Accused No. 5 and 6.
Petition under Section 528 of BNSS., praying that in the circumstances stated in the lvlemorandum of Grounds of Criminal Petition, the High Cou( may be pleased to grant stay of all further proceedings in Crime No. 287 of 2025 on the file of SHO Suryapet I Town PS, Suryapet District including the arrest of the petitioners/ Accused No. 5 and 6 till the disposal of the Quash This Petition coming on for hearing, upon perusing the lvlemorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri ALLURI
DIVAKAR REDDY, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No. 1 and none appeared for the Respondent No. 2.
The Court made the following: ORDER
l.A. NO: 2 OF 2025
THE HON'BLE SMT. JUSTICE JUWADI SRIDEVI
CRIMINAL PETITION No.13110 ot 2025
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ORDER:
This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') seeking to quash the proceedings against the petitioners-accused Nos.5 and 6 in Crime No.2B7 of 2025 of I Town Police Station, Suryapet District registered for the offences under Sections 318(4), 125 read with section 3(5) of Bharatiya Nyaya Sanhitha, 2023 (for short 'BNS')and Section 23(1) (3) of Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 (for short 'PNDT Act')
2. Heard M/s.Alluri Divakar Reddy, learned counsel for the petitioners and Sri Jithender Rao Veeramalla, Iearned Additional Public Prosecutor appearing for respondent No.1-State and perused the record.
3. Though this petition is filed for quashing the proceedings in the crime, durinll the course of arguments, learned counsel for the petitioners has sought for directions to the Police to proceed with investigation by issuing notice under Section 35(3) of Bharatiya Nagarik Suraksra Sanhita (BNSS) (Previously Section 41-A o't Cr.P.C.) to the petitioners. \ II a--1
4. ln view of the above, without going into merits of the matter, this Criminal Petition is disposed of directing the petitioners_accused Nos.5 and 6 to appear before the lnvestigating Officer on or before 30.102025 between 11:00 a.m. and 05.00 p.m. and in turn, the lnvestigating Officer shall issue notice under Section 35(3) of BNSS (Previously Section 41-A of Cr.p.C.) to the petitioners_accused Nos.S and 6 and proceed with the investigation by following the guidelines of the Hon'bre supreme court in Arnesh Kumar v. stafe of Bihar and anotherl. However, the petitioners shall submit their defense.and co-operate with the lnvestigating Officer as and when required by furnishing information and produce all relevant documents/material required for the purpose of the investigation and the lnvestigating Officer shall consider the same before filing appropriate report before the learned Magistrate concerned. Pending miscellaneous closed. applications, if any, shall stand .]t Sd/. A. PRATHIMA ASSISTANT REGISTRAR
//TRUE COPY// SECTION OFFICER To ASR/PR
1. The Additional Judicial First class [Vlaqistrate. Survaoet.
2. The Station House Officer, I Town pojice Staiion, 'suryapet.
3. One CC to SRI. ALLURI DIVAKAR REDDY, Advocatd [oPUC]
4. One CC to THE PUBLIC PROSECUTOR, Advocate tO'pUCl '
5. Two CD Copies G I \
HIGH COURT DATED:1 011012025
ORDER
CRLP.No.13110 of 202 c) LL s DISPOSTNG 0F THE CRLP \, :F:r:\" i-.,,r.ai\, \:r i s ,,/; . /,' -) I \ tl I