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2025 Supreme(Online)(Tel) 17727
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
N. TUKARAMJI, J
PRANALI PARAG KOPULWAR PRANALI – Appellant
Versus
The State of Telangana – Respondent
CRIMINAL PETITION No.9361 OF 2025
For the Appellants/Petitioners: Syed Jaweed Abbas Nadeem
For the Respondents: Jithender Rao Veeramalla
The court emphasized the importance of cooperation in investigations while ensuring protections against coercive actions.
Headnote:(1) The petition seeking quashment was filed under Section 528 of BNSS, 2023, concerning the proceedings in Crime No. 394 of 2025 against the petitioner as accused No. 2. It was argued that the petitioner would cooperate with the investigation, but was apprehensive of coercive measures being taken against him. (2) The court decided that since the petitioner is willing to cooperate and the relevant sections suggest non-attraction in his case, he should appear before the station house officer and cooperate with the investigation without entering into the merits of the case. (3) The petition was disposed of with directions for the petitioner to appear before the police and cooperate.
| Table of Content |
|---|
| 1. petition seeks quashing of proceedings under specific legal provisions. (Para 1 , 2) |
| 2. arguments presented by the petitioner and the state. (Para 3) |
| 3. petitioner assures cooperation, opposing coercive measures. (Para 4 , 5) |
| 4. court discusses charges and directs procedural adherence. (Para 6 , 7) |
ORDER
This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘ BNSS , 2023’) seeking quashment of the proceedings in Crime No.394 of 2025, of Nacharam Police Station, Rachakonda Commissionerate, against the petitioner-
accused No.2.
2. The petitioner is arrayed as accused No.2 in Crime No. 394 of 2025, registered for the offence under Sections 137 (2), 308(5), 115(2), 78 and 79 read with Section 3 (5) of Bharatiya Nyaya Sanhita, 2023 (for short ‘ BNS , 2023’).
3. Heard Mr.Syed Jaweed Abbas Nadeem, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent No.1-State.
4. Learned counsel for the petitioner respectfully submitted that although the petitioner is fully committed to cooperate with the investigative process, he is apprehensive of potential coercive action being taken against him. It is further submitted that Sections 3 08 (5) of BNS would not attract in the circumstances of the case and other offences being punishable with imprisonment for a term less than seven years, the investigating authority has not yet issued any notice under Section 3 5 (3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 ( BNS S ). It is further submitted that the petitioner have no intention of evading the investigation and he is willing to extend full cooperation to the authorities. In light of these circumstances, learned counsel prays that appropriate directions be issued to the concerned police officials to proceed in accordance with law by issuing a notice under Section 3 5 (3) of the BNS S , thereby safeguarding the petitioner from any unwarranted coercive measures.
5. Learned Additional Public Prosecutor opposed the petition.
6. I have perused the materials on record.
7. Having regard to the nature of the offences and depth of allegations against the petitioner and except the alleged offence under Section 308 (5) of BNS , rest of the accusations are punishable with an imprisonment upto seven years and the readiness of the petitioner to cooperate with the investigation, without entering into merits and keeping open all prerogatives of the investigation, the petitioner is hereby directed to appear before the Station House Officer, Nacharam Police Station, Hyderabad District, within one week from the date of receipt of a copy of this order. Upon such appearance, the Investigating Officer shall issue notice to the petitioner under Section
