Vinod Parbhanna Aspatwar, v. The State of Telangana
Court: High Court for State of Telangana
Bench: TIRUMALA DEVI EADA
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2025-11-28. Vinod Parbhanna Aspatwar, v. The State of Telangana. Read the judgment and case details on...
Judgment text
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE TWENTY EIGHTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION NO: 15712 O F 2025 Between 1. Vinod Parbhanna Aspatwar, S/o. Aspatwar Parbanna, Aged about 57 years, Occ. Agriculture and Ex-Sarpanch, 2. Anil Aspatwar, S/o Vinod Parbhanna Aspatwar, Aged about 34 years, Occ: Manager of Home Care lnternational, Both are R/o. H. No. 1-39, Jukkal Village and lr/andal, Kamareddy District. PETITIONER/ACCUSED NO. 2 & 3 AND 1. The State of Telangana, Rep by its Public prosecutor, High Court At Hyderabad 2. l\,4ukta Ashok Aspatwar, W/o. Ashok Parbanna Aspatwar, Aged aboUt 50 years, Occ: Teacher, R/o. H. No. 1-2i 1, Pedda Edgi Village, Jukkal Mandai, Kamareddy District. ...
RESPONDENTS/COMPLAINANT Petition under Section 528 of BNSS praying that in the circumstances stated in the Ir,4emorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the Crime (FlR) No. 12712025 dated 04. 11. 2025 pending on the file of PS-Jukkal against the Petition ers/Accused No. 2 & A-3 in the interest of justice. l. A. NO: 2OF 2025 Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay of all further proceedings including arrest of the petitioners/A- 2 & A-3 in FIR (Crime) No. 12712025 dated 04. 11 . 2025 on the file of PS-Jukkat, pending disposal of the criminal petition.
This Petition coming on for hearing, upon perusing I e Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri USAKOYEELA CHANDRASHEKAR, Advocate for the 'ctitioner and Sri Prosecuto- on behalf of the Jithender Rao Veeramalla, Additional Public Respondent No. 1, and none appeared for the Respondent Nc 2. The Court made the following: ORDER THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No. 15712 of 2025 ORDER This Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') by the petitioners/accused Nos. 2 and 3 seeking to quash the proceedings against them in Crime No. '127 of 2025 on the file of Jukkal Police Station, Kamareddy District, registered for the alleged offences punishable under Sections 329 (3), 318 (4), 336 (3) and 351 (2) r/w. 3 (5) of Bharatiya Nyaya Sanhita, 2023 (for short'BNS'). 2. Heard lVr. U. Chandrashekar, learned counsel for the petitioners and Mr.
Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent No. 1 . 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 35(3) of BNSS (Previously Section 41-A of Cr. P. C. ). \ tii'D, J (lrl. P Ls7l2 2025 4 Learned Additional public prosecutor h;r not disputed the sa me 5. Considering the submissions of both tl r counsel and on perusal of the material available on record, t is seen that the allegations are under Sections 329 (3),3j8 (4) 336 (3) and 35'1 (2) rlw. 3 (5) of BNS and the punishment presc 'ibed for the said offences alleged against the petitioners is les; than seven (07) years. Hence, without going into the merits of r, case, th is Court deems it appropriate to direct the petitioners to : ppear before the Investigating Officer on or before 19. 12.
2025 '1 b<,. t rlee n 1 :00 a. m. and 05:00 p. m. and in turn, the lnvestigating O{ti ;er is directed to follow the procedure laid down under Section :3 j (3) of the BNSS (previously section 41. A of Criminal procedure r ;ode, 1973) and also the guidelines formulated by the Hon,ble Ii rpreme Court of lndia in Arnesh 1 Kumar v. State of Biha scrupulously. However, the petitioners shall submit their . j :fense and co- operate with the lnvestigating Officer as and vr ren required by furnishing information and produce all relevant documents/material required for the purpose of t re investigation t (2014) B scc 273 I]TD, J Crl. P 15712 2025 and the lnvestigating 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. 7. As a sequel, the miscellaneous petitions pending, if any, shall stand closed Sd/- U. SUDHA S ISTANT REGISTRAR \ \ //TRUE COPY// SECTION OFFICER To, 1.
The Judicial First Class Magistrate at Bichkunda . - Z. tne Station House Officer, iukkal Police Station' Kamareddy District' i. o"l cc t" sRt usRxoveElA CHANDRASHEKAR' Advocate [oPUC] High Court for the State of Telangana' +. i*o CC. t" PUBLIC PROSECUTOR, at Hyderabad [OUT] 5. Two CD CoPies. (A- HIGH COURT ETDJ DATED:2811112025 i ORDER ri.. O F I . ,/. : t\'. CRLP. No. 15712 of 2025 /, 7: N /,, -( +ll lri,: $ \: .. c t. ' /l \ :,,/,. ( H + DISPOSING OF THE CRIMINAL PETITI,I IN. (A 2) q \z
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