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2025 Supreme(Online)(Tel) 16181
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
TIRUMALA DEVI EADA, J
Hundekar Jagadish Jaggu – Appellant
Versus
The State of Telangana – Respondent
CRIMINAL PETITION No.10417 of 2025
For the Appellants/Petitioners: Sri C.Hari Preeth
For the Respondents: Sri Jithender Rao Veeramalla
The court directed petitioners to cooperate in the investigation process under applicable laws while disposing of the petition seeking quashing of criminal proceedings.
Headnote:This Criminal Petition was filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to quash the proceedings against the petitioners in Crime No.155 of 2025 for offences under specified sections of BNS and POA Act, alleging actions punishable by less than seven years. The court, after hearing both parties, directed the petitioners to cooperate with the investigation procedures mandated by the law. The Criminal Petition was ultimately disposed of with the specified directions.
| Table of Content |
|---|
| 1. filing of petition under bnss to quash proceedings. (Para 1) |
| 2. arguments regarding police procedures and cooperation. (Para 2 , 3) |
| 3. discussion of applicable legal provisions. (Para 4 , 5) |
| 4. final disposal of petition with direction. (Para 6) |
ORDER
This Criminal Petition is filed under Section 528 Bharatiya Nagarik Suraksha Sanhita , 2023 (for short ‘ BNS S ’) by the petitioners/accused Nos.1 and 2 seeking to quash the proceedings against them in Crime No.155 of 2025 on the file of Tandur Town Police Station, Vikarabad District, registered for the alleged offences punishable under Sections 115 (2), 352, 351 (2) r/w. 3 (5) of Bharatiya Nyaya Sanhita , 2023 (for short ‘ BNS ’) and Section 3 (1) (r) (s) of The Scheduled Castes And The Scheduled Tribes (Prevention Of Atrocities) Act, 1989 (for short ‘POA Act’).
2. Heard Sri C.Hari Preeth, learned counsel for the petitioners and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the 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 has sought for directions to the Police to proceed with investigation by issuing notice under Section 3 5 (3) of Bharatiya Nagarik Suraksha Sanhita ( BNSS ) (Previously Section 41-A of Cr.P.C.).
4. Learned Additional Public Prosecutor has not disputed the same.
5. Considering the submissions of both the counsel and on perusal of the material available on record, it is seen that the allegations are under Sections 115 (2), 352, 351 (2) r/w. 3 (5) of BNS and Section 3 (1) (r) (s) of POA Act and the punishment prescribed for the said offences alleged against the petitioners is less than seven (07) years. Hence, without going into the merits of the case, this Court deems it appropriate to direct the petitioners to appear before the Investigating Officer on or before 30.08.2025 between 11:00 a.m. and 05:00 p.m. and in turn, the Investigating Officer is directed to follow the procedure laid down under Section 3 5 (3) of the BNS S (previously Section 41-A of Criminal Procedure Code , 1973) and also the guidelines formulated by the Hon’ble Supreme Court of India in Arnesh Kumar v. State of Bihar , [(2014) 8 SCC 273] scrupulously. However, the petitioners 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 and shall complete the investigation strictly in accordance with law.
6. With the above said observations, this Criminal Petition is disposed of.
