The High Court · 2025

Station, Siddipet District High Court of Judicature of Telangana at Hyderabad.

2. Gannamaneni Srinivas Rao, S/o Venkatrao Aged about 51 years, Occ Business R"/o Raghavendra Nagar, Siddipet Siddipet Town and District. ...RESPONDENTS'COMPLAINANTS 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 quash the FlR.No. 513 ol 2025 dated 23-10-2025 on the file of the Siddipet I Town Police Station, Siddipet Diskict against the petitioners herein/ accused No.1 to 3 in the interest ofjustice. Petition under Section 482 of Cr.P.C praying that in the circumstanc€s stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings including anest and appearance of the petitioners/ Accused No.1 to 3 in pursuance to the FlR.No. 513 of 2025 dated 23- 1O-2O25 on the file of the Siddipet I Town Police Station, Siddipet Diskict pending disposal of the above Criminal Petition in the interest of justice. 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 Petitioners 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 THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA TN I E1F] 2 This Criminal Petition is filed by the petitioners-accused Nos.1 to 3 seeking to quash the proceedings against them in Crime No.513 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 Crl.P.No. 14419 of 2025 the ergricultural land into non-agricultural land and also obtained electricity connection. He further submitted that the offences alleged are punishable with less than seven years of imprir;onment and hence, the police may be directed to invoke Section 41(A) Cr.p.C. against the petitioners herein. 4. Learned Additional public prosecutor objected to the said proposal by stating that though the offences alleged are punishable with less than seven years of imprisonment, petitiorer No.1 is a rowdysheeter, who is involved in .tS cases of similar nature and that several cases are yet to come up. He further submitted that hundreds of victims have suffered in the hands of the petitioners and therefore, several cases have been registered against the petitioners herein. He, therefore, prayed to dismiss; the Criminal petition.

5. F,erused the record.

6. The instructions submitted by the rearned Additionar pubric Prosecutor disclose that a rowdy sheet is opened against petitioner No.1-accused No.1. He is alleged to have involved in 15 cases so far, which are of similar nature. ln the complaint, it is alleged that the de facto complainant has purchased the 3 ETD.J Crl.P.No. t44 t9 of2025 subiect land in the year 2020' While so' on 23J22023' lhe 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 withdireconsequences.Therefore'thepresentcomplaintis 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 cognizable offence; (bl against whom a reasonable complaint has been made, or credible information has been received' or a reasonable suspicion exists that he has committed a cognizable offence punishable with imprisonment for a term which may be less than seven years or which may extend to seven years whether with or without fine, if the following conditions are satisfied, namety 4 ETD.J Crl.P.No.14419 of 202s (i) the police officer has reason to believe on the basis of such complaint, information, or suspicion that such person has committed the said offence; (ii) the police officer is satisfied that such arrest is necessary - (a) to prevent such person from committing any further offence; or (b) for proper investigation of the offence; or (c)'to prevent such person from causing the evidence of the offence to disappear or tampering with such evidence in any manner; or (d) to prevent such person from making any inducement, threat or promise to any person acquainted with the facts lf the case so as to di discrosino such iacts to the court or," #::f"Tj;m {'e) as unless such person is arrested, his presence in the ()ourt whenever required cannot be ensured, :rnd the police officer r ;rrrest, his reasons ,r;:;:' record while makins such F,rovided that a police officer shall, in all cases where the arrest of a person is not required under the provisions of this sub_section, record the reasons in writing for not nraking the arrest. (tra) against whom credible information has been re,ceived that he has committed a cognizable offence punishable with imprisonment for a term which may \_ir - 5 ETD,J Crl.P.No.t44l9 of2025 e(end to more than seven years whether with or without fine or with death sentence and the police of{icer has reason to believe on the basis of that information that such person has committed the said offener; (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 in the execution 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 crncerned 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 committed in lndia, would have been punishable as an offence' and for which he is, under any law relating to extradition' or otherwise, liable to be apprehended or detained in custody in lndia; or (h) who, being a released convict, commits a breach of any rule, made under sub-section (5) of section 356; or 6 ETD.J Crl.P.No.l44t9 of202s (i) for whose arrest any requisition, whether written or oral, has been received from another police officer, provided that the requisition specifies the person to be arrested and the offence or other cause for which the arrest is to be made and it appears therefrom that the p€rrson might laMully be arrested without a warrant by the officer who issued the requisition. (2 r Subject to the provisions of Section 42, no person concerned in a non_cognizable offence or against whom a ,romplaint has been made or credible information has been received or reasonable suspicion exists of his having so concerned, shall be arrested except under a warrant or order of a Magistrate. 41,A. Notice of appearance before police officer. _ (1) Thr3 pollgg officer shall, in all cases where the arest of a person is not required under the provisions of sub-section (1) of Section 41, issue as.,inst whom a reasonabre c:ffi ;[:H*ff::T creCible information has been received, or a reasonable suspicion exists that he has committed a cognizable offe,nce, to appear before him or at such other place as ma'/ be specified in the notice. (2) Where such a notice is issued to any person, it shall be the duty of that person to compty with the terms of the noti:e- (3) Where such person complies and continues to comply with the notice, he shall not be arrested in respect , pf tf e offence refered to in the notice unless, for reasons to br-. recorded, the police officer is of the opinion that he \ ^ olght to be arrested. 7 ETD'J Crl.P.No.l44l9 of 2025 (4) Where such person, at any time' fails to comply with thetermsofthenoticeorisunwillingtoidentifyhimself, 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.TheHounourbleApexCourtinArneshKumarv.Stateof Bihar and anotherl, held that the aforesaid provisions makes it clearthatinallcaseswherethearrestofapersonisnotrequired underSection4l(1)Cr.P.C.,thepoliceofficerisrequiredtoissue noticedirectingtheaccusedtoappearbeforehimataspecified place and time. Law obligates such an accused to appear before thepoliceofficeranditfurthermandatesthatifsuchanaccused complieswiththetermsofnoticeheshallnotbearrested,unless for reasons to be recorded, the police officer is of the opinion that the arrest is necessary' At this stage also' the condition precedentforarrestasenvisagedunderSection4lCr.P.C.has tobecompliedandshallbesubjecttotheSamescrutinybythe MagistrateaSaforesaid.ltwasfurtherobservedthatthe endeavourofthejudgmentistoensurethatpoliceofficersdonot arrest the accused unnecessarily and Magistrate do not authorise detention casually andgechanically' i '1zot+;8 scc 273 8 crr.p.No.lr+reorEf2j g. Thus, the porice offrcer shar, in a, ca rses where the arrest of a p,erson is not required under the provisions of sub-section (1) of Ser;tion 4i Cr.p.C., issue a notice. So, the sum and substance is that Section 41A Cr.p.C comes into play only when the lnvestrgating Officer feels that arest is not necessaU. So, if the lnvestigating Officer is of the opinion that the accused has to be arreste'd' then the lnvestigating officer can direcry arrest the accused, without resorting to Section 41A Cr.p.C. notice. What is require,J for an lnvestigating Officer to resort to arrest without notice rrnder Section 41A Cr.p.C. is the subjective satisfaction of the conditions in Section a1fi) Cr.p.C. lf accused is to be arestecl' the lnvestigating officer shail satisfy himserf about the necessily for arrest under the parameters laid down above flowing from Serction 41 Cr.p.C.; forurard the check list containing specifed sub_clauses under Section 41(1ftb)(ii) duly filed and fumish the reasons and materials which necessitated the arrest; and forward the same to the Court with the remand, who after satisffing with the reasons mentioned by the lnvestigating Officer will remand the accused. ln the present case, a rowdy sheet is onerl3d against petitioner No.1 and the petitioners are said to be involved in several cases of similar nature, as disclosed by the instruction,s submitted by the learned Additional public 9 ETD,J Crl.P.No.l44l9 of2025 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 Petition is dismissed' Miscellaneous Petitions pending, if any, shall stiand closed' //TRUE COPY'/ To, The Prl Judicial First Class Magistrate at S Station House Officer, Siddipet l-Town 1 2 The AHMED ABDULLA KHAN ASSISTANT REGISTRAR SECTION OFFICER ipet, Siddipet District. Police Station, SiddiPet District. g. One CC to Sri Mohd Asifuddin, Advocate [OPUC] +. i*o cc, to public prosecutor, High court for the state of Telangana (our)

5. Two CD CoPies k HIGH COUFIT DATED:281111202s ORDER CRLP.No.14.419 ot 202i CRIMINAL PEflTION IS DISMISSED -:F- : i{C,}; l.l. I 3 tl Jitt 2016 * * .#4 {< k'r