The High Court · 2025

1 The State of Telangana, Rep. by Public Prosecutor High Court at Hyderabad, Through Assistant Commissioner of Police, Jaipur Division, Mancherial, Telangana 2 J The State of Telangana, Rep. by Public Prosecutor High Court at Hyderabad Through S.H.O, P.S. CCS, Mancherial State Bank of lndia, Through Ritesh Kumar Gupta, Regional Manager, State Bank of lndia, RBO Mancherial, Telangana ...Respondents 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 call for records relating to letter dt. 23.O8.2025, issued under Section 94 of BNSS, by Assistant Commissioner of Police, Jaipur Division, Mancherial, Telangana concerning FIR No. 219 o't 2025 and letter dt. 22.08.2025 issued by S.H.O, P.S. CCS, Mancherial and quash the same by directing the Respondents to not take any arbitrary action towards seizure of any property rightfully in possession of the Petitioner. 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 suspend the operation of letter dt. 23.08.2025, issued under Section 94 of BNSS, by Assistant Commissioner of Police, Jaipur Division, lVlancherial, Telangana pending disposal of the present criminal petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Vadeendra Joshi, Advocate for the Petitioner an,i Sri Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Fl ,spondent Nos.l and 2 The Court made the following: ORDER THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.11110 of 2025 ORDER This Criminal Petrtion is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'BNSS'), by the petitioner seeking to quash (i) the notice dated 23.08.2025 issued under Section 94 of BNSS by the Assistant Commissioner of Police, Jaipur Division, Mancherial, Telangana, in relation to FIR No. 219 ot 2025, and (ii) the letter dated 22.08.2025 issued by the Station House Officer, Police Station CCS, Mancherial.

2. Heard Mr.Vadeendra Joshi, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent Nos.1 and 2.

3. Learned counsel for the petitioner submits that the petitioner is not an accused, even as per the contents of the allegations in the FlR, and his name is not reflected as an accused therein. lt is further submitted that the police issued a letter to the petitioner even prior to the registration of the FlR. While the FIR was registered on 23.08.2025, the police issued a letter on 22.08.2025 itself, directing the petitioner to produce 2 t tD, J Crl.P llll0 2025 certain details pertaining to the pledging o gold by four individuals at their branch. The letter also sta t ,d that, during verification, if any borrowings are found, the institL tion is required to furnish the details of such borrowings to t r > investigating agency, and that they are not to release an5, such pledged property to the customers without the knowledge ,,r notice of the police, as it may be required for the purpose of inv( stigation.

4. Learned counsel for the petitioner further sut mitted that the notice dated 23.082025 was also issued to the t:titioner under Section g4 of the BNSS, requesting the institu on to furnish details of five loan account holders for the pur: )se of further investigation. The learned counsel for the petitione r contends that the petitioner's institution is neither named as an ar) )usecl nor is in any way connected with the allegations made in flr I complaint. lt is further submitted that, even during the course (), investigation, the police cannot impose any restrictions on the pr: itioner,s trade or business by issuing a letter prior to the registra:i ln of the FlR. He, therefore, prayed for quashing of both the I :tter and the notice issued by the investigating agency. ) \ -'" I 3 ETD, J Crl,P llll0 2025

5. Learned Additional Public Prosecutor submitted that the lefter was issued prior to the registration of the FlR. However, the notice under Section 94 of the BNSS was issued on 23.082025, which is the date of registration of the FlR. He, therefore, prayed this Court to pass appropriate orders

6. The record discloses that the petitioner is not named as an accused and is, in fact, a Non-Banking Financial Company registered with the Reserve Bank of lndia, offering financial servrces A perusal of the complaint does not disclose any involvement of the petitioner, and the FIR also does not name the petitioner as an accused The FIR is dated 23.08.2025, whereas the letter by which the petitioner is aggrieved is dated 22.08.2025 fI 1 \ i.e., prior to the registration of the FlR. While the police have the power to investigate pursuant to any complaint or upon registration of a crime, they cannot address any communication or impose obligations prior to the registration of an FlR. Therefore, the letter daled 22.08.2025 is non-est in the eye of law and is liable to be quashed. Accordingly, the said letter is hereby quashed. 4 Irl D, J Crl.l' tlll0 2025

7. With regard to the notice issued under Sec i :n 94 of BNSS dated 23.08.2025 in pursuance of the FlR, the luthorities are empowered to inquire into the loan accounts arr i other details pertaining to the accused. Since the notice was rsued after the registration of the FlR, no infirmity is found in the : aid document. Therefore, the contention of the learned counsel regarding the notice cannot be accepted. 8 Accordingly, the Criminat petition is parfly , rltowed to the extent of quashing the letter daled 22.09.2025. As a sequel, the miscellaneous petitions pr nding, if any, shall stand closed. //TRUE COPY// SD/. C. DEEPIKA STANT REGISTRAR I {,s \ -t- fECflON OFFTCER To

1. The Station House Officer, Chennur (Town) police Stati: _r, Ramagundam 2. fwo CCs to Public prosecutor, High bourt ior the State r I Telangana at 3. One CC to Sri Vadeendra Joshi, Advocate [OpUC] 4. Two CD Copies Hyderabad [OUT] ABK /SA Yk HIGH COURT DATED: 1610912025 ORDER CRLP.No.1111O ot 2025 (' i.',1,-.ili*\N 2 JAr{ 2026 a-) ): -t- I )c]. t PARTLY ALLOWING THE CRIMINAL PETITION + ".S=/: crV X6'