The High Court · 2025

1. P. Pentaiah, s/o Late Mailaiah, Aged about 72 years, occ. pensioner. Ryo 2. K. Radhika D/o P._pentaiah, Aged about 32 years, Occ. Housewife, R/o 3 P.. Bal.Raj, lig -Latg_ p. pentaiah. Age about 62 years, Occ. Retd. Employee, R/o H. No. 1 9 - 1 -884t 1 4, Devi Bagh, dahadurpura,' HvOrjra-OaO _'5bt064.''"'' 4. Smt. P. Madhavi @ Nirmata, Wo. p. Bal Raj, Aged about 55 vears. Occ. Anganvadr reacher, Rio H.No. 19_1_994114, Devi Bagh, B6hadurpura, Hyderabad - 500053 5 P.Nishanth_Bgj, Slg p Bal ryajr Age about 39 years, Occ. Business, Rl./o 6. P.. Nitish ngj, S& P, .Br] Rgf-, Aged about 33 years, Occ. private Emptoyee, R/o H.No 19-1-884t14, Devi iSag-h, Bahadurpur6, Hvber.ioao --st6o-si-'-,' 7. P Akhila, D/o. P. Bal Raj, Aged about2T years, Occ.Student, R/o H.No. 19_1_ H No. 19-1-8B4t14.Devi Bagh, BahadTurpura, Hydeiabad _ 50005J-' ---' ' 884114, Devi Bagh, Bahddurpura, Hydera5ad _ SOOOSS AND ...PETITIONER/ACCUSED NOS. 1 TO 7 I etangana, Hyderabad.

1. state of relangana, Rep. by pubric prosecutor, High court for the State of 2 qmt P Arun4 Wo P Saljge-v Kumal Aged about 4g years, Occ. Ortsourcing, R/o H.No, 19-.,l-884/16, Dev'i Bagh, Baharjurpuia, HyOerabaO _ 500053 Petition under section 52g of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminal petition, the High court may be pleased to quash FIR in crime No.137 of 202s on the file of Kimatipura potice station, Hyderabad District, insofar as the petitioners/Accused Nos.1 to 7 are concerned. ...RESPONDENTS l.A. NO: 2 OF 2025 Petition under Section 528 of BNSS praying that ir the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant interim stay of all further proceedings in: .rding arrest of the Petitioners in FIR in Crime No.137 of 2025 on the file c,f Kamatipura Police Station, Hyderabad District, pending disposal of the above Cr r rinal petition This Petltion coming on for hearing, upon perusing t re Memorandum of Grounds of Criminal Petition and upon hearing the argum 3 rts of Sri N Sriram ,Advocate for the Petitioners and Sri Jithender Rao Veerama a, Additional public Prosecutor on behalf of Respondent No.'l and of none appeared for the Respondent No. 2. The Court made the following: ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE J.SREENTVAS RAO CRIMINAL PETITION No.16296 of2025 Date: 09.12.2o25 Betrvcen P. Pentaiah and 6 others AND The State of Telangana, Represented Pubtic Prosecutor,High Court for the State of Telangana, Hydcrabad and another. . . Petitioners ..Respondents ORDER This criminal petition has been filed for seeking quash the procecdings rn F.l.R.No. 137 of 2025 on the file of Kama[ipura Police Station, Hyderabad District, wherern the petitioner was arraycd as accusecl Nos. I to 7 for the offences under Sections 79, 351(2) read u.,ith 3(5) of the Bharatiya Nyaya Sanhica Act,

2. Heard Mr.N.Sriram, learned counsel for the petitioners and Mr.V.Jithender Rao, Iearned Additional Public Prosecutor appearing on behalf of rcspondent No. 1 / State.

3. Leamed counsel lor the petit.ioners vehemently contended that the petitioners have not committed the alleged offences and have been lalsely implicated in the present crime. He further submits that the petitioner No. t had already lodged the r'e / 2 complainl against respondent No.2 and others or )7.1O.2025 Basing on the same, the Crime No.133 of 2025 u.r s rergistered for the offences punishable under Secrions f.i'(2), 3O8(1), 329(3),351(2), 3s1(3), 115(2) read with 3(5) of Rh r ':rrira Nyaya Sanhita Act, 2023. When the said crime is lcnding, the respondent No.2 hlcd the present complaint uide rimr: No.137 of 2025 as a counter blast. He further submitted r I ar Pr:titioner No.1 and 2 had approached this Court and frled a ,I .P.No.31576 of 2025 and this Court whrle ordering notice b( f, ) r: admission directed the concerned authorities to register rl e documcnt presented by thc petitioners, without referring ,r thc Letter No.B/2786/2025, dated 09.1O.2O25 issued bv r1r' respondent No.4 therein, namely the Tahsildar Bhadrrnr rra Mandal, Bahadurpura, Hydcrabad and tl-re samc is ytcnrl;r g.Hencc, the continuation of the proceedrngs against the petitrr r ers is a clcar abuse of process of lalr..

4. Per contra, learned Additional Public Prosec I Lor submitted that the offences levelled against the petitioners :r .r: pur-rishablc with an imprisonment ol less than se\(rrl ycars_ The lnvestigating Olficer will follow the procedure irrj contemplated under Section :35(3) of the BNSS.

5. Learned counsel for the respondent No.2 ras reitcrated lhe submissions made by lhe Additional Public P. r se cutor. 3

6. Having considered the rival submissions made by the respective parties and after perusal of the material available on record, iI reveals thar the oflences levelled against the petitioners are punishablc u'ith an inrprisonment of less than seven vears and the Investigating Officer ought lo have issued notice under Section 41-A of Cr.p.C./Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (tor short, tsNSSJ, by following the guidelines formulaLcd by the Honble Apex Court in Arnesh Kumar Vs. State of Bihar r. 7. For the foregoing reasons, the petitioners / accused Nos. I l.o 7 are directcd to appear belbre the Investigating Officer, on or before 31.12.2025, and on such appcarancc, the lnvestigating Officer is entitled to issue notice under Section 4 I -A of the Cr. P.C. / Section 35(3) of rhe BNSS and follow the guidelines issued by the Apex Court in Arnesh Kumar supra.

8. It is made clear that the pe titioners.are entitled to submit reply/ explanation along with rhe clocuments, whrch are available with him, to the Investigating Officcr.

9. Il the petitioners fails to appear before the lnvestigating Officer, within the stipulated time, the Investigating Ofhcer is entitled to take action againsl them in accordance with law. ' 1zo r+;s scc zt:; 4

10. Subject to the above directions, the Crimrrr I pclirior-r is disposed of. As a scquel, miscellaneous petitions, pc ,r ling if anl', stand closed //TRUE COPY// St /- MOMINA MEHAR ASS STANT REGISTRAR \ / ECTIoN oFFIGER q j To,

1. The Chief Judicial Magistrat at Nampally, Hyderabad 2- The Station House Officer, kamatipura Police Station, ll ,derabad 3. One CC to SRI N SRIRAM, Advocate [OPUCj 4. Two CCs to the Public Prosecutor, High Court for the St rte of Telangana at Hyderabad (OUT)

5. Two CD Copies ADK/NVB .lllE T,ti t (.) .o '+ l--r, { iij:[ ]r2\ .Z :SP.,' .\-::_ .n '../') :r'' HIGH COURT DATED:0911212025 ORDER GRLP.No.16296 of 2025 DISPOSING OF THE CRLP a ^,1 J^