Telangana High Court
Perika Kumara Swamy vs The State Of Telangana on 17 March, 2025
Author: N. Tukaramji
Bench: N. Tukaramji
THE HONOURABLE SRI JUSTICE N. TUKARAMJI
CRIMINAL PETITION No.3604 of 2025
ORDER:
This petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashment of all further proceedings in FIR No.31 of 2025 on the file of Pegadapally Police Station, Jagitial District, against the petitioner/accused No.4. [
2. Heard Mr.Sangeev Reddy Gillela, learned counsel for petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent No.1-State.
3. The petitioner is arrayed as accused No.4 in FIR No.31 of 2025 for the accusation under Sections 316(2), 318(4) and 3(5) of Bharatiya Nyaya Sanhita, 2023.
4. Learned counsel for the petitioner would submit that originally in the police report, the name of the petitioner has not been referred, however, in the remand report of accused Nos.1 to 3, his name came to light. Though the petitioner is willing to participate in the proceedings and the alleged offences are punishable with an imprisonment less than seven years, the police concerned has not issued notice under Section 35 (3) of Bharatiya Nyaya Sanhita, 2023, 2 as such the petitioner is apprehending coercive measures against him. He further submits that as the petitioner is ready to cooperate with the investigation, prayed for necessary directions to the Investigating Officer for issuance of notice under Section 35(3) of BNS.
5. Learned Additional Public Prosecutor submits that the Police concerned will not have any objection for issuance of notice under Section 35 (3) of BNS on the petitioner, as the offences are punishable with an imprisonment less than seven years.
6. I have perused the materials on record.
7. Having regard to the submissions of learned counsel for the petitioner and considering the aspect that the petitioner is prepared to defend his claims in the proceedings and as the alleged offences are punishable with an imprisonment less than seven years, the Investigating Officer is directed to proceed with the investigation after issuance of notice under Section 35 (3) of Bharatiya Nyaya Sanhita, 2023 on the petitioner/accused No.4 in FIR No.31 of 2025 and conduct further proceedings as per the guidelines of Arnesh Kumar v. State of Bihar 1.
1 (2014) 8 SCC 273 3
8. With this direction, this Criminal Petition is disposed of.
Miscellaneous petitions, pending if any, shall stand closed.
_____________________ JUSTICE N. TUKARAMJI Date: 17.03.2025 pld