The High Court · 2025

1. The State of Telangana, Rep. by Public Prosecutor, High Court at Hyderabad for the State of Telangana

2. Balamma Dandu, W/o. Late Anjaiah, Aged about 50 years, Occ: Agriculture R/o. H. No. 2-86, Motkur, Doma, Vikarabad, Telangana ... RESPO N DEN T/CO M PLAI NAN T Petition under Section 528 of BNSS, praying that in the circurnstances stated in the Memorandum of Grounds of Crimina! Petition, the High Court may be pleased to quash the FIR No.130 OF 2025 registered by PS Doma, Vikarabad District for the alleged offences under Sections 318 (4), 316 (2), 352 rlw.3 (5) of BNS against Petitioners A4 and 4'6 in the interest of justice. l.A. NO: 2 OF 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 all further proceedings in FIR No.130 OF 2025 registered by PS Doma, Vikarabad District for the alleged offertces under Sections 318 (4), 316 (2), 352 rlw.3 (5) of BNS including arrest of Petitioners A4 and A6 before the Trial Court. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri DEEPAK ..:' E$ir,:lEi*a+*=97 .. i:: I / ,/, - MISRA, Advocate for the Petitioner and of Sri Jithender Rao Veeramalla, Additional Public Prosecutor for the State of Telangana on behalf of the Respondent No.1 and None appeared for Respondent no.2. The Court made the following: ORDER IN R AT HYDERABAD TE THE HONOURABLE SRI JUSTTCE J.SREENIVAS RAO B o I Date:05.12.2025 Between: Gopinath Mallela and another AND "'petitioner The state of Terangana, Represented by public prosecutor, High court at Hyderabad for the State of Telangana and another ...respondents ORDER This criminal petition has been fired seeking to quash the proceedings in crime No.r30 of 2025, on the file of Doma police Station, vikarabad District, wherein the petitioners were arrayed as accused Nos.4 and 6, for the offences punishable under sections 120(b), 409, and 420 read, with r09 of the Indian penar code, lg60 (for short 'IPC'). 2. Heard Mr-Deepak Misra, learned counser for the petitioners and Mr.Jithendar Rao veeramalla, leamed Additional public Prosecutor for respondent No.1 2

3. Learned counsel for the petitioners submits that Crime No.130 of 2025 was initiaily registered for the offences under Sections 31S(4). 316(2) and 352 read with 3(5) ol'the BNS. Subsequently, it was altered for the offences under Sections 120(b), 409, and 420 read with 109 of the IPC. Even according to the allegations and the remand case diary dated 19.11 .2025, there are no allegations against the petitioners to attract the offences under Sections 120(b),409, and 420 read with 109 of the [l)C. The said allegations are purely civil in nature, relating to property disputes' Hence, the continuation of proceedings against the petitioners amounts to a clear abuse of the process of law'

4. Per cctntra, the learned Additional Public Prosecutor submits that there are specific allegations levelled against the petitioners which attract the offences under Sections 120(b), 409' and 420 tead with 109 of the IPC. The investigation is in progress. The petitioners are not entitled to seek quashing of the proceedings at the FIR stage on the grounds pleaded in the criminal petition' During the course of investigation, the petitioners will have the opportunity to put forth their explanation, settlement, and the documents filed along with the criminal petition before the i n v e s\ttgatin g o ffi ce r. 3

5. Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that the crime was initially registered for the offences under Sections 318(4), 316(2) and 352 read with 3(5) of the BNS, and subsequently, as per the remand case diary dated

19.11.2025, the offences were altered to Sections 120(b), 409, and 420 read with i09 of the IPC. After perusal of the allegations made in the complaint and in the remand case diary, there are no specific allegations against the petitioners to attract the ingredients of Section 409 of the IPC and the other offences levelled against the petitioners are punishable with an imprisonment of less than seven years. Hence, this Court is of the considered view that the Investigating Officer ought to have followed the procedure as contemplated under Section 4I-A of Cr.P.C./Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (fo. shoft, 'BNSS'), as well as the \ guidelines formulated by the Hon'ble Apex Court in Arnesh Kumsr Vs. Stute of Biharl

6. For the forgoing reasons, petitioners/accused Nos.4 and 6 are directed to appear before the Investigating Officer on or before

17.12.2025. On such appearance of the petitioners/accused Nos.4 ' (zotq 8 scc 273 l i: 4 and 6, the Investigating Officer is entitled to issue notice under section 4l-A of the cr.p.c./Section 35(3) of trre BNSS and ro conduct the i.vestigation in accordance witrr the guidelines laid dorvn b)' tLre Hon'ble Apex court in Arnesh Kumur,s cose supra. Upon receipt of such notice, the petitioners are.granted liberty to submit their reply by enclosing all relevant d.cuments to the Investigating Officer.

7. [n the event of the petitioners fairing to appear before the Investigating officer within the stipulated time, the Investigating officer shall be entitled to proceed further in accordance with larv. B with the above direction, the criminal petition is disposed of. As a sequel, miscellaneous petitions, pending if any, stand closed. SD/. T SRINIVASA REDDY, ASSISTANT REGISTRAR U+' SECTION OFFICER //TRUE COPY// To

1. The Judicial First class Magistrate at Parigi vikara.bad District' 2. The Station f-fou". Om"er, 3. Two ccs to the public prosecutor, fiign court tor tne state of Telangana, at 4. ij'.;-bd6 5nt. bEEPAK MlsRA, Advocate [oPUc] 5. Two CD CoPies "Oom" Poli"" S-tation, Vikarabad District' Hvderabad IOUTI w HIGH COURT DATED:0511 212A25 / n '(ii( liiE S T4 o {J ,/ t \\t 0 e 0r[ ?825 Y-' * ORDER CRLP.No.16088 ot 2025 DISPOSING OF THE CRL.PETITION I { .u(f"L n :o Y@