HON’BLE SMT. JUSTICE JUVVADI SRIDEVI CRIMINAL PETITION No.13904 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.5, seeking to quash the proceedings against him in POR.No.127/49 on the file of No.05/OR/UDMPR/2024-25 dated 06.11.2024 of Udumpur Range, Nirmal District, registered for the offences punishable under Sections 20(1)(C )(ii)(iii)(iv)(x) and 44 of Telangana Forest Act, 1967, Section 9 r/w 2(16) (c ) of Wild Life (Protection) Act, 1972, Sections 27 , 29, 31 r/w 57 and punishable under Section 51 (c ) of Wild Life (Protection) Act, 1972, Rule 3 & 4 of Telangana Forest Produce Transit Rules, 1970 and Section 303(2) of BNS r/w 58 of Telangana Forest Act, 1967.

2. Heard Mr. Malla Reddy Gadipally, learned counsel for petitioner and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the State. Perused the record.

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.).

4. In view of the above, without going into merits of the case, 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.5 and they 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.

Miscellaneous petitions pending, if any, shall stand closed.

____________________ JUVVADI SRIDEVI, J Date: 19.11.2024.

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