Sri. Gujjaru Yedu Kondalu vs The State Of Telangana on 19 December, 2024

Telangana High Court

Sri. Gujjaru Yedu Kondalu vs The State Of Telangana on 19 December, 2024

Author: Juvvadi Sridevi

Bench: Juvvadi Sridevi

        HON'BLE SMT. JUSTICE JUVVADI SRIDEVI

            CRIMINAL PETITION No.15388 of 2024
ORDER:

This Criminal Petition is filed under Section 528 of the

Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) by the

petitioners/accused Nos.1 to 4 seeking to quash the proceedings

against them in FIR No.440 of 2024 on the file of Khammam I

Town Police Station registered for the alleged offences punishable

under Section 420 read with 34 of IPC.

2. Heard Mr.Dheeraj Singh, 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

petitioners have 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.).

4. In view of the above, without going into merits of the matter,

this criminal petition is disposed of directing the Police concerned to
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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 petitioners/accused Nos.1 to 4 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 petitioners/accused

Nos.1 to 4 shall submit their 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

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(2014) 8 SCC 273