THE HON’BLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION NO.9332 OF 2024

ORDER:

This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) to quash Crime No.107 of 2024 of Nallabelli Police Station, Warangal District, against the petitioner/A.2 registered for the offences punishable under Sections 318 (4) and 316 (5) r/w.3 (5)

of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’).

2. Heard Sri A. Prabhakara Rao, learned counsel for the petitioner and Sri D.Arun Kumar, learned Additional Public Prosecutor appearing for respondent No.1-State.

3. As seen from the record and even according to learned Additional Public Prosecutor, the petitioner herein is not the granting authority and the bank directly deposit the loan amount to the accounts of the individuals, whereas the allegations against the petitioner herein is that he mediated between the parties and Bank and grabbed amount from the Bank and gave only half of the amount to the persons, who availed loan, which shows that there is cheating, but there is no entrustment of property to this petitioner, hence, Section 316 (5) of BNS does not attract to the petitioner. However, the punishment prescribed for the other offence alleged against the petitioner is less than seven (07) years, this Court deems it appropriate to direct the petitioner to appear before the Investigating Officer on or before 01.10.2024 between 11:00 a.m. and 05:00 p.m. and inturn the Investigating Officer is directed to follow the procedure laid down under Section 35 (3) of BNSS (previously Section 41-A Cr.P.C.) and also the guidelines formulated by the Hon’ble Supreme Court in Arnesh Kumar v. State of Bihar, [(2014) 8 SCC 273] scrupulously. However, petitioner shall co-operate with the Investigating Officer as and when required by furnishing information and documents as sought by him in concluding the investigation. The petitioner shall file all the documents, which he ought to file to prove that it do not come under the criminal offences and the Investigating Officer shall consider the same before filing appropriate report before the Magistrate.

4. Accordingly, the Criminal Petition is disposed of.

Miscellaneous petitions, if any, pending shall stand closed.

_______________

K. SUJANA, J Date :20.09.2024 Note :

Issue c.c. by 23.09.2024 B/o.

Rds