The High Court · 2025

2, N Srinivas Reddy, S/o. Not known to Petitioner, Aged. Major Occ Tahsildar, Gandipet Mandal, Ranga Reddy District .RESPONDENT NO.2 / DEFACTO COMPLAINANT 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 pleased to quash the proceedings against the Petitioner/ Accused in Crime No 250 of 2025 ol PS Narsingi, Cyberabad and pass such order or orders as this Hon'ble court deems fit and proper in the circumstances of the case. 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 ln crime No 250 of 2025 on the file of PS Narsingi, Cyberabad. Thts Petition coming on for hearing, upon perusing l^ ) lvlemorandum of Grounds of Criminal Petition and upon hearing the argum ) rts of Srr T BALA IMOHAN REDDY, Advocate for the Petitioner and ' ITHENDER RAO vEERAIVIALLA, Additional Public Prosecutor on behalf of tl-( Respondent No.1 and None Appeared for the Respondent No.2 The Court made the following: ORDER IN THE HI(;H COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOU IIAIILt.] SRI JUSTTCE .I.SREENIVAS RAO CRIMINAI, PT]TITION No.16558 of2025 Da tc:12.12.2025 Betwecn Moharnrned Ihrahim 'Ihe State ol'l clangana, Rep. by its Ptrblic [)rosecrttor, High Courr fbr the Statc of Telangana attd atlothct" A}!I) Order Petitioner ...Respondents -t-his Crinrinal Petition rs tlled seeking to qr-raslr the proceedings in Crime No.250 of' 2025, on the tile of the Narsingi Potice Station, Cyberabad, rvherein the petitioner rvas arrayed as accused, fbr the offences punishable under Sectious 217' i18(4)' 338' 336(3) and 340(2) ofthe Bharatiya Nyaya Sanhitha,2O23'

2. Heard Mr.T.Bala Mohan Reddy, learned counsel for the petitioner and Mr'Jithender Rao Veeramalla, leamed Additional Public Prosecutor for respondent No'1-State' 2

3. Learned counsel for thc petitiouer subrnitted rt-lt the petitioner has not cornnritted the alleged oll'enccs and Ir:; been f-alselv inrplicated in thc prescnt crime. I Ic lurthcr subrnits il rt, in respcct ol' thc very sarne property covered in Sy.Nos.20, I ii I and ,14 of' i..vcknar.npur Village, Gandipct Mandat, I{anga Re,l v District, the pctitioner hacl earlier apploached this Courr and filed V.p.No.3577 ol 1025 u,hen the r',-'r enue authorities attemptcd to disl-c ssess him liom thc said propcrt\,. The said writ petition rvas : sposecl of on

07.01.1015 dilecting thc r.espondents thcr.ein not lo ir cr.l-er.e rvith thc phl,sical possession of the petitioncr.or with lhc natr r : of the land in ar)v manner, atrd further observing that il tlre pc.i ioner had not lirllowecl auv ol- thc' ternts and conditions ol t re conver-sion procecdings issucrl bv respondent No.4 therein. or j1 .te resltondents Iracl any claiur o.,el the petitioner's propefiy, thev:lall conduct an encluirv, pass appropriate reasoned orders in accordan: : rvith law, and cornmunicate the sar.ne to the petitioner. However, r-ro: tch notice was ever lssued b1, the respondent authorities and the saicj rrder has since attained finality.

3. 1 . He fufther submitted that respondent No.2 lot r :d the present cornplaint on 09.021025 alleging that the conversir r proccedings .a 3 dated 15.03.20).4 are fabricatcd documents. Even according to the allegations made in the con.rplaint, the ingredients ol Scotion 338 of the IINS are not attracted against the petitioner, and the ollter of'tences are punishablc with im1;risorlrllent below seven years' He further submitted that the Invcstigating Officer, without following the mandatory plocedure conterxplated under Section 4 I -A of the Crirninal Procedure Code, 197-.1 ('Cr.P.C.') / Section l5(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 ('BNSS'), as rvell as the guidelines laid down by the Hon'ble Supreme (-'otrrt in Arnesh Kumur Vs. Slute of Bihort. ploceeding fu(her arrcl tltc same is contrary to Iaw.

4. Per contra, the learned Additional Public l)rosccutor subtnits that there are specific allegations against the petitioner, and whether the petitioner has committed the alteged oflences or rlot has to be revealed during the cout'se of investigation. Therefore, the petitioner is not entitled to seek quashing ofthe proceedings at this stage'

5. Having considered the rival submissions made by the respective parties and after perusal of the allegations made in the complaint, this Court is of the considered view that the offcnce under 1(2014) 8 SCC 273'- -- 4 r1 Section 338 of the UNS is not attracted against the pi r tioner-. Further, thc punishmr:nt prcscl'ibed tbr the offences r-rnclcr Sections 217, 318(4), 36(i) .rncl i.10(l) of thc BNJS ar-e t, nishablc wirh irnprisonrnent be lor.v scvcn vears

6. I'aking intrr considcrarion the pcculiar facts ur ( e ir.uunlsLances ol the case. t-he pct it ioncr/accused is directed to upt car bclore the Irrvestigating O1'fir:r:r. on or belore 20.12.2025. ar,<l on such appearance, the lrrrestigating Officer is entitled to is; e notice under Section.ll-A olthc (.r.1).('.rsection 35(3)of the BNS( lnd tbllow the -qtridelinc-s issued br thc Apcx Court in Arnesh Kuntur;upr-it l. It is rlade clear that the petitioner is enr r cd to submit rcply/cxplanat ion alorrg r,,ith thc documenls, which arr lvailable rvith hinr, to the Investiqating ()lllccr.

8. If the petitioner lhils to appear before the Inves, tating Of licer, w'ithin the stipulared tirnc, the lnvestigating Olficer is .ntitled to take action against hinr in accordance with law

9. Subject to the above directions, the Crimin rl petition is disposed of. 5 Misccllaneous applications, pending if any, shall stand closed SD/- A.PRATHIMA DEPUTY REGISTRAR //TRUE COPY// ECTION OFFICER To,

1. The Xlll Judicial Magistrate of First Class Cyberabad at Rajenderanagar 2. The Station House Offtcer, Narsrngi Police Station, Cyberabad 3 Two CCs to the PUBLIC PROSECUTOR, High Court for the State of Telangana IOUTI

4. One CC to SRl. T BALA MOHAN REDDY Advocate [OPUC] 5. Two CD Copies Q."DDN/PSL \_:--f _.. a"\ HIGH COURT DATED:1211212025 ORDER CRLP.No.16558 of 2025 3 H1 ( s' ) t,.'.<, ''i... *- 1 L)r, J .r, t- i! lsi;,,,Te.rli't - :--:t: :r:. .:.:-': - ,l DISPOSING OF THE CRIMINAL PETITIC)'{ \ i