The High Court · 2025

Donthiri Narsimha Reddy S/o. D. Ram Reddy, Aged 43 years, Occ. Business, R:/o. H.No.5-80/45, Donthris Nilayam Green Cbunty, pochampally village, Medchal Malkajgiri District, Telangana - 5000i 4. f\Iaskuri Sai Babu S/o. Maskuri Swamy, Aged about 44 years, Occ.Agriculture, Rl/o. H N9 3-74, Dooiapally Village, DunUlgat- Gandimaisamma [\rlandal, IVedchat-Matkajgiri Districi-5000,l 4.- Repalle.J^ag^an S/o...late Repalle Shankaraiah, aged about 53 years, R/o. H.No. '1-8l8, Gundla Pochampatty Viflage, tvtedchat Malkajgiri District, Telangana - 500014 Doddil/allikarjun Reddy S/o. D. Rajashekar Reddy, aged about 25 years, Occ. Pvt Emplo_yee, R/o. H.No.3-6-92, Near yadava- Satram, Srisiitam, Kurnool, Andhra Pradesh - 518101 2 a 4 ...PETITIONERS/ACCUSED Nos. 1 to 4 AND 1 2 f.n9..Slat9 of .Telangana, Rep by its Public Prosecutor, High Court Buildrngs, atHigh Court of Telangana at Hyderabad through S.H.O; pet Basheerab"ad P.S |//9 N_eyu Steel-City Merchants Welfare Society, office at Door No.5-4-10414, Loha. Bhavan, M.G Road, Ranigun.j, Secunderabad, rep. by its Authorized s^rgnatory and Joint Secretary Lalit Jain, S/o. J.M.Jain, aged'about 60 years, Occ. Business. ...RESPONDENT/DEFACTO COMPLAINANT Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal petifion, the High Court may be pleased to call for the records relating to the proceedings in Crime No. .1916 of 2025 on the file of the Station House Officer, pet-Basheerabad p.S., against the Petitioners/Accused Nos. 1 to 4 and Quash the same by declaring it as illegal and arbitrary, in the interest of justice. l.A. NO: 2OF 2025 Petition under Section 528 of BNSS praying that n the circumstances stated in the N/emorandum of Grounds of Criminal Petition, the High Court may be pleased Stay all further Proceedings in Crime No. 1916 of 2025 on the file of the Station House Officer, Pet-Basheerabad F'. S., against the Petitio ners/Accused Nos.1 to 4. This Petition coming on for hearing, upon perusing t re Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri B.A. Prakash Reddy, Advocate for the Petitioner and the Pubtic Prosecul.or on behalf of the Respondent No. '1 and of none appeared for the Respondert No. 2. The Court made the following: ORDER IN THE HIGH COURT FOR THE STATB OF TBLANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO CRIMINAL PETITION No.15989 of 2025 Date:04.12.2025 Between: Donthiri Narsimha Reddy and three others AND petltloners The State of Telangana Rep. by its Public Prosccutor, High Court Buildings, at High Courl of Telangana at Hyderabad through S.H.O., Pet Basheerabad P.S. and another ...respondents Order This Criminal Petition is filed seeking to quash the proceedings in Crime No.19l6 of 2025, on the file of the Pet-Basheerabad Police Station, Cyberabad District, wherein the petitioners were arrayed as accused Nos.1 to 4, for the offences punishable under Sections 329 (3),324 (4) and,35I (2) rlw. 3 (5) of the Bharatiya Nyaya Sanhitha, 2023 (for short 'BNS').

2. Heard Mr.A.Prakash Reddy, leamed counsel for the petitioners and Mr.Jitendar Rao Veeramalla, learned Additional Public Prosecutor appearing for respondent No. 1/State

3. -.1 Leamed counsel for the petitioners submitted that the petitioners have not committed the alleged offences and have been falsely implicated 2 in the prcsent crime to dissolve the dispute between them. He further subr-nits that the nature ol allcgations levelled against the-n are purely civil in naturc. 'fhcrelbrc, continuation of criminal proceelings against tho pctitioners is a clear abuse olthe process of law.

4. Per contra. leamcd Additional Public Prosecutor subrnitted that therc are specific allegations against the petitioners t(, attract the said oft-onces. He lurthcr submits that the offences levc'lled against the petitioners arc punishablo with an imprisonment ol less tl an scven years The Investigating Officer will follow the procedure as ccntemplated undcr Section 35(3) of thc BNSS

5. I{aving considered the rival submissions made r)' tho respective parlies and aftor pcrusal of the material available on rcct,r,l, it reveals that the oil-ences levelled against the petitioner are pur is;hable with an imprisonment of less than seven years. Hence, this (loun is of thc considered vierv that the Investigating Officer ought to tave issued notice undor Section 41-A of Cr.P.C./Section 35(3) of the E;haratiya Nagarik Suraksha Sanhita, 2023 (for short, 'BNSS'), by followinll the guidelines formulated by the Hon'ble Apex Court in Arnesh Kumar Vs. State of Bihart. 1 (2014) 8 scqil 73 3

6. For the forgoing roasons, petitioncrs/accused Nos'l to 4 are directed to appear before the Investigating Officer on or before 12,12-2025 - On such appearancc of the petitioners/accused Nos.l to 4, the lnvestigating Olficer is r:ntitled to issue notice under Section 41-A ol the Cr.P.C./Section 35(3) ol the BNSS and to conduct the investigation in accordance with the guidelines laid down by the Hon'ble Apex Court in Arnesh Kumar's case supra. Upon receipt olsuch notice, the petitioners are granted liberty to submit their reply by enclosing all relevant documents to the Investigating Oll'rcer.

7. Il the petitioners/accused Nos.l to 4 lails to coopcrate with the Investigating Officer for investigation, the Investigating Officcr is at liberty to take action against them in accordance with law.

8. With the above direction, thc criminal petition is disposcd of. As a sequel, miscellancous petitions, pending if any, stand closed. SD/. B. REKHA RANI ISTANT REGISTRAR S //TRUE COPY// SECTION OFFICER To,

1. The lX Additional Judicial First Class Magistrate, Cyberabad at Medchal 2. The Station House Officer, Petbasheerabad police Station, Cyberabad 3. Two CCs to the Public Prosecutor, High Cou( for the State of Telangana at Hyderabad.[OUT]

4. One CC to Sri B. A. Prakash Reddy, Advocate [OpUC] 5. Two CD Copies VH u. : :.=-:="l::*=<#;i-.:;-***--_ -:,re HIGH COURT JSR, J DATED: 0411212025 / t' ,.: ir.c( EH1 T4s ri',? \', : r n 3 tii I I *.. lr.^ -r 1P, ORDER CRLP.No.15989 of 2025 DISPOSING OF CRIMINAL PETITION Ctu iYn 1 v