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2025 Supreme(Online)(TEL) 7554
HIGH COURT OF TELANGANA
J. SREENIVAS RAO, J
Avineni Ramanaiah – Appellant
Versus
The State of Telangana – Respondent
CRLP/753/2025
For the Appellants/Petitioners: Sri. Kandagatla Srinivasulu
For the Respondents: Assistant Public Prosecutor
The court mandated police compliance with statutory notice procedures during investigation under the Bharatiya Nagarik Suraksha Sanhitha.
Headnote:This criminal petition invokes Section 528 of the Bharatiya Nagarik Suraksha Sanhitha, 2023, seeking to quash proceedings under Section 318(4) of the Bharatiya Nyaya Sanhitha, 2023. The court considered the request for directions to the police to issue notice under Section 35(3) of BNSS. It concluded by directing the police to proceed with the investigation, noting compliance with necessary guidelines from precedent. The court sought the petitioner's cooperation during the investigation.
| Table of Content |
|---|
| 1. petition filed to quash proceedings under bnss. (Para 1) |
| 2. court directs police to proceed with investigation and issue notices. (Para 2 , 3) |
| 3. the petition is disposed of with directions to the police. (Para 4) |
ORDER:
This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short “BNSS”) by the petitioner/accused seeking to quash the proceedings in Crime No.320 of 2024 of P.S. Chityal, Nalgonda District, registered for the offence under Section 318(4) of Bharatiya Nyaya Sanhitha, 2023 (for short “BNS”).
2. Heard Sri. Kandagatla Srinivasulu, learned counsel for petitioner and learned Assistant Public Prosecutor appearing for the State and perused the record.
3. Though this petition is filed for quashing the proceedings in the crime, during the course of arguments, learned counsel for petitioners 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.).
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 and he shall also follow the guidelines of Hon’ble Supreme Court in Arnesh Kumar v. State of Bihar and another, [(2014) 8 SCC 273] . The petitioner shall co- operate with the Investigating Officer in concluding the investigation.
Pending miscellaneous applications, if any, shall stand closed.
