The High Court · 2025

Petition under Section 528 of BNSS., praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, th'e High Court may be pleased to quash the FlR.No. 510 of 2025 dated 23-10-2025 on the file of the Siddipet I Town Police Station, Siddipet District against the petitioners herein/ accused No.'1 to 3 in the interest of justice. l.A. NO: 1OF 2025 Petition under Section 482 of Cr.P.C praying that in the circumstances staied in the Memorandum of Grounds of Criminal Petiiion, lhe High Court may be pleased to stay all further proceedings including arrest and appearance of the petitioners/ Accused No.1 to 3 in pursuance to the FlR.No. 51O of 2025 dated 23- 10-2025 on the file of the Siddipet I Town Police Station, Siddipet District pending disposal of the above Criminal Petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Mohd Asifuddin, Advocate for the Petitioner and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor on behalf of the Respondent No.1, and none appears for Respondent No. 2. The Court made the following: ORDER lN THE HIGH COURT FOR THE STATE OF TEt., TNGANA AT HYDERABAD THE HON'BLE SMT. JUSTICE TIRUMALA DE\ I EADA CRIMINAL PETITION No.14417 OF 201t DATE:28-11-2025 Between: Alakunta lVlahendar and two others And Petitioners The State of Telangana, rep by its Public Prosecutor, through Siddipet I Town Police Station, Siddipet District, High Court of Judicature of Telangana at Hyderabad and another lespondents f-r THE HON'BLE SMT. JUSTICE TIRUMALA DEVIEADA CRIMINAL PETITION No.14417 OF 2025 ORDER: This Criminal Petition is filed by the petitioners-accused Nos.'1 to 3 seeking to quash the proceedings against them in Crime No.510 of 2025 of Siddipet-l Town Police Station, Siddipet District, registered for the offences under Sections 447, 427 and 506 read with 34 l.P.C

2. Heard Sri Mohd. Asifuddin, learned counsel for the petitioners and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent No.'1-State. 3 Learned counsel for the petitioners submitted that the petitioners purchased the subject land in the year 2023 and got it developed and that there is also ad interim injunction in favour of petitioner No.1. Thus, when the petitioners are in possession of the subject land, the allegation of trespass against the petitioners would be utterly false and that the said allegation cannot be maintained against them. He further submitted that respondent No.2-de facfo complainant has filed the present complaint just to harass the petitioners, by giving criminal colour to the civil litigation. He further submitted that the petitioners got converted 2 ETD,J rl.P.No.l,l4l7 of2025 the agricultural land into non-agricultural land anrJ also obtained electricity connection. He further submitted that the offences alleged are punishable with less than se,/ )n years of imprisonment and hence, the police may be dire rr ted to invoke Section 41(A) Cr.P.C. against the petitioners here r

4. Learned Additional Public prosecutor object rd to the said proposal by stating that though the offencer; alleged are punishable with less than seven years of nprisonment, petitioner No 1 is a rowdy sheeter, who is involved r 15 cases of similar nature and that several cases are yet to r lme up. He further submitted that hundreds of victims have ri rffered in the hands of the petitioners and therefore, several car; rs have been registered against the petitioners herein. He, theretr re, prayed to dismiss the Criminal Petition.

5. Perused the record

6. The instructions submitted by the learned Acr itional public Prosecutor disclose that a rowdy sheet is opr ned against petitioner No.1-accused No.i. He is alleged to har, : involved in 15 cases so far, which are of similar nature. ln th: complaint, it is alleged that the de facto complainant has pr rchased the #t1'.@t / i-r 3 ETD.J Crl.P.No.lil4 I 7 ol202i subject land in the year 2017 and later, registered the same in the names of his daughter and son-in-law, who are residents of U.S.A. While so, on23.12.2023, the petitioners have trespassed into the subject land and removed the boundary stones and when the de facto complainant and others tried to stop them, the petitioners have threatened them with dire consequences. Therefore, the present complaint is filed. The allegations in the present case point out trespass and mischief and also that the petitioners have threatened the de facfo complainant with dire consequences.

7. The petitioners' counsel contends that since.the offences alleged are punishable with imprisonment less than seven years, the procedure under Section 41A Cr.P.C. may be invoked. ln this regard, it is pertinent to refer to Section 41 and 41A Cr.P.C The same is extracted hereunder for the sake of reference: "41 . When police may arrest without warrant.-(1) Any police officer may without an order from a Magistrate and without a warrant, arrest any person - (a) who commits, in the presence of a police officer, a cognrzable offence; (b) against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a "tognizable offence punishable with imprisonment for ,l I]TD,J ( lP.No 14417 ot 1025 a term which may be less than seven years ( r which may extend to seven years whether with o r without fine, if the following conditions are satisfie(|. namely (i) the police officer has reason to believe on the basis of such complaint, informatron, or susptcton l rt such person has committed the said offence, (ii) the police officer is satisfied that such rrrest is necessary - (a) to prevent such person from committing ar 7 further offence; or (b) for proper investigation of the offence; or (c) to prevent such person from causing the e,r Jence of the offence to disappear or tampering with suci -'vidence in any manner; or (d) to prevent such person from making any in,l rcement, threat or promise to any person acquainted wi t the facts of the case so as to dissuade him from disclc I rng such facts to the Court or to the police officer; or (e) as tlnless such person i-c ?rrAqtad his oresr, ^e in the Court whenever required cannot be ensured, and the police officer shall record while ma k ng such arrest, his reasons in writing: Provided that a police officer shalt, in all cases lhere the arrest of a person rs not required under the prrt isions of this sub-section, record the reasons in writin for not making the arrest. *t wsr, / ) ETD.J Crl.P.No. 14417 of2025 (ba) against whom credible information has been received that he has committed a cognizable offence punishable with impnsonment for a term which may extend to more than seven years whether with or without fine or with death sentence and the police officer has reason to believe on the basis of that information that such person has committed the said offence; (c) who has been proclaimed as an offender either under this Code or by order of the State Government, or (d) in whose possession anything is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing, or (e) who obstructs a police officer while rn the 6xecution of his duty, or who has escaped, or attempts to escape, from lawful custody; or (0 who is reasonably suspected of being a deserter from any of the Armed Forces of the Union; or (S) who has been concerned in, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been concerned in, any act committed at any place out of lndia which, if commifted in lndia, would have been punishable as an offence, and for which he is, under any law relating to extradition, or otheruise, liable to be apprehended or detained in r-r rclndrr in lndia ar / 6 T]TD,J ( 1 I.No I4417 oI2025 (h) who, being a released convict, commits a b r ach of any rule, made under sub-section (5) of section 3,i ;, or (i) for whose arrest any requisition, whether wr ten or oral, has been received from another police cfficer, pro,.,ideC that the reqursit!on specrfies the pelr(,i to be arrested and the offence or other cause for w- ch the arrest is to be made and it appears therefront 1)at the person might laMully be arrested without a warra I by the officer who issued the requisition. (2) Subject to the provisions of Section 42, nc cerson concerned in a non-cognizable offence or again; whom a complaint has been made or credible informat )n has been received or reasonable suspicion existr of his having so concerned, shall be arrested except r nder a warrant or order of a Magistrate. 41A. Notice of appearance before police offic< r. - (1) The police officer shall, in all cases where the ar. st of a person is not required under the provisions of sut,-;ection ( 1) of Section 41 , issue a notice directrng the oerson against whom a reasonable complatnt has been rr tde, or credible information has been received, or a reil onable suspicion exists that he has committed a co: rizable offence, to appear before him or at such other I ace as may be specified in the notice. (2) Where such a notice is issued to any persor, it shall be the duty of that person to comply with the ternr of the notice. (3) Where such person compties and cont;-.tes tc c6Frpy witn the notice, he shall not be arrested ir espect 7 ETD.J Crl P No.l44l7 of2025 of the offence referred to in the notice unless, for reasons to be recorded, the police officer is of the opinion that he ought to be arrested. (4) Where such person, at any time, fails to comply with the terms of the notice or is unwilling to identify himself, the police officer may, subject to such orders as may have been passed by a competent Court in this behalf, arrest him for the offence mentioned in the notice." B. The Hounourble Apex Court in Arnesh Kumar v. State of Bihar and anotherl, held that the aforesaid provisions makes it clear that in all cases where the arrest of a person is not required under Section 41(1)Cr.P.C., the police officer is required to issue notice directing the accused to appear before hi1n at a specified place and time. Law obligates such an accused to appear before the police officer and it further mandates that if such an accused complies with the terms of notice he shall not be arrested, unless for reasons to be recorded, the poltce officer is of the opinion that the arrest is necessary. At this stage also, the condition precedent for arrest as envisaged under Section 41 Cr.P.C. has to be complied and shall be subject to the same scrutiny by the Magistrate as aforesaid. lt was further observed that the endeavour of the judgment is to ensure that police officers do not ' lzor+y t scc zl: ETD.J No I 4.11 7 ot'1025 arrest the accused unnecessarily and Magistrate do I ot authorise (r 8 detention casually and mechanically. 9 Thus, the police officer shall, in all cases wh: e the arrest of a person is not required under the provrsions of s r Fsection (1) of Section 41 Cr.P.C., issue a notice. So, the sum ar I substance is that Section 41A Cr.p.C, comes into play orrl , when the lnvestigating Officer feels that arrest is not necessar,. So, if the lnvestigating Officer is of the opinion that the accus r d has lo be arrested, then the lnvestigating Officer can direc l, arrest the accused, without resorting to Section 41A Cr.p.C. n(,1 ce. What is required for an lnvestigating Officer to resort to iI .est without notice under Section 41A cr.p.c. is the subjective r; rtisfaction of the conditions in Section 41(1) Cr.p.C. lf accu; rd is to be arrested, the lnvestigating Officer shall satisfy himsr lf about the necessity for arrest under the parameters laid down ,t love flowing from Section 41 Cr.p.C.; forward the check li; containrng specified sub-clauses under Section 41(1)(b)(ii) dL y filed and furnish the reasons and materials which necessitat,: I the arrest; and fonivard the same to the Cou( with the reman l. who after satisfying with the reasons mentioned by the lnvesti; tting Officer wtll remand the accused. ln the present case, a rc,r rdy sheet is 9 ETD.J Crl.P.No.144 l7 of 2025 opened against petitioner No.1 and the petitioners are said to be involved in several cases of similar nature, as disclosed by the instructions submitted by the learned Additional Public Prosecutor. Thus, it is opined that invoking the provision under Section 41A Cr.P.C. would not be just and proper. The investigation is still in progress and truth is yet to be unravelled. ln view of the above held discussion, it is opined that the petitioners are not entitled to any relief.

10. Accordingly, the Criminal Petitton is dismissed Miscellaneoub Petitions pending, if any, shall stand closed SD/- S.MALLIKARJU ASSISTANT o STRAR //TRUE COPY// CTION OFFICER T o, i 2 4 The Prl Judrcral First Class Magrstrate at S The Station House Officer, Siddipet lT District. One CC to Sri Mohd Asifuddin, Advocate IOPUC] Two CCs to Public Prosecutor, High Court for the State of Telangana (our) Two CD Copies lice Station, Siddipet BJLB/PSL HIGH COURT OATED:28/1 1/2025 ORDER CRLP.No.14417 ot 2025 CRIMINAL PETITION IS DISMISSED ( * i= s,4 3 I JAll 2026 z * I r'rc /nY \V