The High Court · 2025

1 Baragada Chinkavenkaiah, S/o Somaiah Aged about 52 years, Employee, Resident of H. No. 1 1-189, Nimmalagudem Colony, See[hampeta Vittige, Sujathanagar Mandal. Bhadradri-Kothagudem Diskic[. Smt. Baragada Kumari, Wo B. Chinna Venkaiah - Aged about 42 years, Housewife. Resident of H. No.J1-189, Nimmalagudem dotony, Seethairpeta Vrllage, Sujathanagar Mandat, Bhadradri-Kothagudem Diskict.- Baragada_Ganesh Kumar. S/o Chinna Venkaiah Aged about 25 years, Student, Resident of H. No. 1 1-99,Nimmalagudem eolony, Seethampeta Village. Sujathanagar Mandal Bhadradri-Kothagudem District' Bargadi Somaiah, S/o Late B Pullaiah Aged about 77 yeas, agricutture, Resident of H No. 5-1-14711 , Shivalingapu ram, l\rlanuguru Mandal, B=hadradri- Kothagudem District Smt, Bargadi Sheshamma, W/o B. Somaiah Aged about 75 years, housewife, Resident of H. No 5-1-14714, Shivalingapuram, Manuguru M'andal, Bhadradri- Kothagudem District. Smt Tumpuri Rani, W/o Veerabhadram Aged about 46 years, agriculture coolie, Resident of H. No. 2-8611, Garibpeta, Raniavaram - Village, Kothagudem Mandal, Bhadradri-Kothagudem Diskict Tumpuru_ Srrnivasa Rao, S/o T. Veeraswamy Aged about 42 years, RMp Doctor, Resident of H No 1 1-99, Nimmalagudem Colony, Seethampeta Village, Sulathanagar Mandal, Bhadradri-Kothagudem Diskict. 6 7 5 AND 1 The State of Telangana, Through Station House Officer, Sujathnagar police Station , Bhadrad ri-Kothagudem District, Rep. by the Public prosecutor, High Court for the State of Telangana, Hyderabad. ... Petitioner/Accused Nos.1 to 7

2. Baragadi Aruna, Wo Late Venu Aged about 43 years, Tarlor, Resident of Muthayalamma Nagar, Manuguru Municipality, Manuguru Mandal, Bhadradri- Kothagudem District ... RespondenURespondent ...RespondenUDe-facto complainants Petition under Section 528 of BNSS praying that r the circumstances stated in the Memorandum of Grounds of Criminal petition .he High Court may be pleased to call for records in FIR No.161 of 2025 dated t( -Og-2025 on the file of Sujathnagar Police Station, Bh ad rad ri-Kothag ud em Distr r ;t and to quash the sam e. l.A. NO: 1 OF 2025 Petition under Section 528 of BNSS praying that rl stated in the Memorandum of Grounds of Criminal petition be pleased to grant stay of all further proceedings pursuar 2025 dated 26-09-2025 on the file of Sujathnagar polrce Kothagudem District pending disposal of euash petition. the circumstances he High Court may : to FIR No. 16l of Itatron, Bhadradri- This Petition coming on for hea ng upon perusing tf 3 Memorandum of Grounds of Criminal Petition and upon hearing the arg I rlenls of Sri R.R. KALYAN, Advocate for the Petitioner and the Sri Jlthend3 Rao Veeramalla, Additional Publrc Prosecutor on behalf of the Responder No.1, and none appeared for the Respondent No 2. The Court made the following: ORDER IN TTIE HIGH COURT FOR TIIE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO CRIMINAL PET ITION No.17044 of 2025 Date: 18.12.2025 Between: Baragada Chinkavenkaiah and six others AND The State of Telangana, Through Station House Officer, Sujathnagar Police Station, Bhadradn- Kothagudem Districr, Rep. by thc Public Prosecutor, High Court for the State ofTelangana, Hyderabad and another. ...Petitioners .Respondents Order This Criminal Petition is filed seeking to quash the proceedings in FIR No. 16l of 2025, on the file of the Sujathanagar Police Station, Bhadradri Kothagudem District, wherein the petitioners were arrayed as accused Nos. I to 7, for the offences punishable under Sections 189(2), ll8(l), ll5(2) and 351(2) rtw 190 of the Bharatiya Nyaya Sanhitha,2023. -:--r 2

2. Heard R.R.Kalyan, leamed counsel for tht petitioners and Mr.Jithender Rao Veeramalla, leamed Additional I],rblic prosecutor for respondent No. I -State.

3. Leamed counsel for the petitioners su[:r ritled that the petitioners have not committed the alleged offencr:r and have been falsely implicated in the present crime. Even i,c cording to the allegations made in the complaint, the dispute ir purely civil in nature, particularly with regard to the property gr1 ed by accused No.4 in favour of the father-in-lalr, of accused N,r I Respondent No.2, without having any manner of right, title. or. rnterest in the said property, has lodged the present complaint by r r rking ornnibus allegations. Hence, the continuation of the proceeciir gs against the petitioners is a clear abuse of the process of larv. 4- Per contra, learned Additional Public Proscr:r tor submitted that the offences levelled against the petitioners are 1rr nishable with imprisomnent of less than less years and the Investi lating Offrcer had already issued notice under under Section ll-r\ of the Cr.P.C./Section 35(3) of the BNSS and the petition,r s are entitled to submit repl_.r/cxplanation to the said notice by cnc osinu all the J documents which are availabte with them and the lnvestigating Officer shalt follow the guidelines formulated by the Hon'ble Apex Court in Arnesh Kumar v. State of Bihart -

5. Having considered the rival submissions made by the respective parties and a fter perusal of the material available on record, it reveals that the offences alleged against the petitioners are punishable with imprisonment of less than seven years. Even according to the parties, the Investigating Officer had already issued notice under Section 4l-A ol the Cr.P.C./Section 35(3) of the BNSS to the petltioners.

6. In view of the same, the petitioners are directed to submit reply/explanation along with the documents, which are available with them, to the Investigating Officer and the Investigating Olficer is entitled to follow the procedure as contemplated under Section 4l-A of the Cr.P.C.iSection 35(3) ol the BNSS and also the guidelines formulated by the Hon'ble Apex Court in Arnesh Kumar supra. '(2014) 8 scc 273 4 7 . Subjcct to the above directions, the Crr r Linal petition is disposed ol' Misccllaneous applications, pending il' r 11,, shall stand closed To, SD/- A.PRATHIMA T,I PUTY REGISTRAR /'- t_Y JECTION OFFICER //TRUE COPY'/

1. The ll Additional Judictal First Class Magistrate at Kothatl dem' 2 The Station House Officer, Sujathangar Police Station, Ef rdradrr Kothagudem District. 3 Two CCs to the Public Prosecutor, High Court for the St;rt ) of Telangana at Hyderabad IOUT] 4 One CC to SRI R R KALYAN, Advocate [OPUC] 5. Two CD Copies NVB\PSL HIGH COURT DATED:1811212025 ORDER CRLP.No.17044 of 2025 -'1 t 1P. ) s14 liLtJ 1 L t: l3 - '.lDa ": c C) .o "a. .1. r Z: E) * DISPOSING THE CRIMINAL PETTTION