Telangana High Court
Mohammed Khadeer vs The State Of Telangana on 19 December, 2024
Author: Juvvadi Sridevi
Bench: Juvvadi Sridevi
HON'BLE SMT. JUSTICE JUVVADI SRIDEVI
CRIMINAL PETITION No.15425 of 2024
ORDER:
This Criminal Petition is filed under Section 528 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) by the
petitioner/accused No.1 seeking to quash the proceedings against
him in Cr.No.143 of 2022 on the file of Talakondapaly Police
Station, Cyberabad registered for the alleged offences punishable
under Section 447, 427, 406, 420 read with 34 of Indian Penal Code
(for short ‘IPC‘).
2. Heard Mr.Shakeel Ahmed, learned counsel for the petitioner
and Sri Jithender Rao Veeramalla, learned Additional Public
Prosecutor for respondent No.1 – State.
3. Though this petition is filed for quashing the proceedings in
the crime, during the course of arguments, learned counsel for
petitioner has sought for directions to the Police to proceed with
investigation by issuing notice under Section 35(3) of Bharatiya
Nagarik Suraksha Sanhita (BNSS) (Previously Section 41-A of
Cr.P.C.).
2
4. In view of the above, without going into merits of the matter,
this criminal petition is disposed of directing the Police concerned to
proceed with the investigation in the above crime after issuing notice
under Section 35(3) of BNSS (Previously Section 41-A of Cr.P.C.) to
the petitioner/accused No.1 and he shall also follow the guidelines of
Hon’ble Supreme Court in Arnesh Kumar v. State of Bihar and
another 1 scrupulously. However, the petitioner/accused No.1 shall
submit his defense and co-operate with the Investigating Officer as and
when required by furnishing information and produce all relevant
documents/material required for the purpose of the investigation and
the Investigating Officer shall consider the same before filing
appropriate report before the learned Magistrate concerned.
5. Accordingly the criminal petition is disposed of.
Miscellaneous petitions pending, if any, shall stand closed.
_____________________
JUVVADI SRIDEVI, J
Date: 19.12.2024
BV
1
(2014) 8 SCC 273
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