Telangana High Court
CRLP/13029/2025 of Santosh Sharma Vs The State of Telangana, on 9 October 2025
COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE NINTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HON'BLE SMT. JUSTICE JUVVADI SRIDEVI CRIMINAL PETITION NO: 13029 OF 2025 Between: Santosh Sharma, S/o. Rambabu Sharma, Aged about 45 years, Occ: Vasthu Consultant, R/o. H No.
132s71
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THURSDAY, THE NINTH DAY OF OCTOBER
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HON'BLE SMT. JUSTICE JUVVADI SRIDEVI
CRIMINAL PETITION NO: 13029 OF 2025
Between:
Santosh Sharma, S/o. Rambabu Sharma, Aged about 45 years, Occ: Vasthu Consultant, R/o. H No. 13-3-600/8/9, Jiaguda, Hyderabad Hyderabad Distrrct.
...Petitioner/Accused
AND
'l . The State of Telangana, rep. by its Public Prosecutor, High Court at Hyderabad.
...Respondent
2. Mukund Das Soni, S/o. Late Purushottam Das Soni, Aged about 60 years, Occ: business, Rlo. H No. 47-29O. Esama Bazar Nampally, Koti Hyderabad.
... RespondenU Defacto Complainant
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 in Crime No. 232 of 2025 dated 1 1-09-2025 on the file of the P.S. Goshamahal Hyderabad District in lhe interest of lustice.
l.A. NO: 2 OF 2025
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 in Crime No.
232 of 2025 dated 11-09-2025 on the file of the P.S Goshamahal Hyderabad District pending disposal of the main Crl Petition This Petition coming on for hearing, upon perusing the N/emorandum of Grounds of Criminal Petition and upon hearing the arguments of lvlr. Mohd Ghulam Rasool, Advocate for the Petitioner and the Sri Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Respondent No.1 and None Appeared for the Respondent No.2.
The Court made the following: ORDER
THE HON'BLE SMT. JUSTICE JUVVADI SRIDEVI
CRIMINAL PETITION No.13029 of 2025
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ORDER:
This Crrminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for shcrt 'BNSS') seeking to quash the proceedings against the petitioner-accused in the offence under Section 303(2) of the Bharatiya Nyaya Sanhitha, 2C23
2. Heard l,,lr. Mohd. Ghulam Rasool, learned counsel for the petitioner and Sri Jithender Rao Veeramalla, learned A.dditional 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, during the course oi arguments, learned counsel for the petitioner has sought for directions to the Police to proceed urith investigation by issuing notice under Section 35(3) of Bharatiya Nagarik Suraksha Sanhita (BNSS) (Previously Section 41-A of Cr.P C.)to the petitioner
4. ln view of the above, without going into merits of the matter, this Criminal Petition is Cisposed of directing the petitioner-accused Crime No.232 of 2025 of Goshamahal Police Station. registered for
2 to appear before the lrrvestigating Officer on or before 30.10.2025 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 petitioner-accused and proceed with the investigation by following the guidelines of the Hon'ble Supreme Court in Arnesh Kumar v. Sfafe of Bihar and anotherl. However, the petitioner shall submit his defense and co-operate with the lnvestigatir.rg 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 lrlagistrate concerned. Pending miscellaneous applications, if any, shall stand closed t SD/- B.REKHA RANI ASSISTANT REGISTRAR G //TRUE COPY// SECTION OFFICER i To,
1. The XVI Additional Chief Judicial Magistrate' Nampally Court' Hyderabad ^
2. The Station House Ofticei,Goth"rnaiat Police.Station Hyderabad District ' 3 i;; CC;]. tne puotic piot""'tot' High Court for the State of Telangana at Hvderabad. [OUT] 4 lj;; cc;; rir,. r,lttno Ghulam Rasool' Advocate [oPUC]
5. Two CD Copies *anttl'SL @ ' (20 t4) 8 scc 273 \
HIGH COURT DATED:09 t1012025
ORDER
CRLP.No.13029 of 2025 DISPOSING OF THE CRIMINAL PETITION 31 BII 66 YoR 1HE Sr4 c rP \es:P ^,\ d @