The High Court · 2025

2. Thota Srinivas, Sio Late Thota Rajaiah, Age 55 years, Occ. Agriculture, R/o H.No.'13-1 38, Palsabpally village, Muli.rgu District.

3. Thota A. _Vinayak, S/o Lachya Naik, Age 39 years, Occ. Govt. Employee, RIo Srinivas Colony, Mulugu, Mulugu District.

4. E. Jai Kishan, Sio Narsaiah, Age 27years, Occ. Govt. Employee, Fl/o H.No.2- 60, Nallagunta village, Venkatapur, Mulugu District.

5. Thota Lakhmi, W/o Late Thota Sammaiah, Age 78 years, Occ. House wife, No 13-112, Palsabpally, Mulugu, I\rlulugu District.

6. Thota kamalamma, Wio Late thota Rajaiah Age 78 years, Occ. House wife, Rl/o Palsabpally village, Mulugu District.

7. Thota Sravan Kumar, S/o Thota Raju, Age 27 yea.s, Occ. Pvt Employee, Rl/o H.No.'13- 116, Palsabpally Village, Mulugu District.

8. Donthi Komura Reddy, S/o Laxmaiah Age 75 years, Occ. Agriculture, R/o Palsabpally Village, Mulugu District.

9. Pathi Chandrafah, S/o Narsaiah, Age 78 years, Occ. Agriculture, Rl/o Palsabpally Village, Mulugu District. ...Petitioner/Accused No.1 to 6, 8, 9, 11 AND

1. The State of Telangana, rep.by its Public Prosecutor, High Court for the State of Telangana At Hyderabad.

2. Velpula Laxmi, D/o. Thota Ankaiah, Age 7 8 years, Rl,/o H. No.4-3'1l1, Govindaraopet, Warangal District. Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may ...RespondenUDefacto Complaanant be pleased to call for the records in FIR No.65 of 2025 date j 1 5.02.2025 pending on the file of police station, Mulugu, Mulugu District and Quit ;h the same. LA, NO: 1OF 2025 Petition under Section 528 of BNSS praying that ir the circumstances stated in the Memorandum of Grounds of Criminal Petitior, the High Court may be pleased to grant stay of all further proceedings in FIR \ o. 65 of 2025 dated 15.02.2025 on the file of police station, Mulugu, Mulugu Dislr ict. This Petition coming on for hearing upon perusing he Memorandum of Grounds of Criminal Petition and upon hearing the argumer ts of Sri K.Vijender, Advocate representing Sri ALUVALA KEDHARNATH, Advoc rte for the Petitioner ahd the Sri Jithender Rao Veeramalla, Additional Public Prr secutor on behalf of the Respondent No.1, and none appeared for the Responde t No.2. The Court made the following: ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAI) THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO CRIMINAL PETITION No.17431 of 2025 Date:23.12.2025 Between Thota Ramesh and eight others AND ...Petitioners The State olTelangana, Represented by its Public Prosecutor, High Court for the State ofTelangana at Hyderabad and another. ...Respondents Order This Criminal Petition is filed seeking to quash the proceedings in FIR No.65 of 2025, on the file of the Mulugu Police Station, Mulugu District, wherein the petilioners were arrayed as accused Nos.l to 6, 8, 9 and 11, for the offences punishable under Sections 6l (2),318 (4), 132 (b) and 340 (2) of Bharatiya Nyaya Sanhita, 2023 (for short'BNS').

2. Heard Mr.K.Vijender, learned counsel representing Mr.Aluvala Kedhamath, leamed counsel for the petitioners and Mr.Jithender Rao Veeramalla, leamed Additional Public Prosecutor for respondent No. l-State. I 2 !- \ \ 1 \

3. Leamed counsel for the petitioners submits that I re petitioners have not committed the alleged offences and that th ,y have been falsely implicated in the present crime. The allegatiorr made in the complaint are purely civil in nature and pertain t r immovable property, namely agricultural land as well as a resident al house. The only allegation in the complaint is that the petitioners are claiming rights based on a forged and fabricated family memt er certificate, however, such allegation does not attract the essentia ngredients of the offence under Section 332(b) of the BNS, especi rlly when the said certificate was issued by the revenue officials. l'ht rther offences levelled against the petitioners are punishable with ir.r rrisonment of less than seven years. The investigating officer, withorL, following the mandatory procedure prescribed under Section 41-A r 'the Criminal Procedure Code, 1973 (for short, "Cr.P.C.")/Sectior 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS"), and also the guidelines formulated by the Hon'bte Apex (', 'urt in Arnesh Kumar Vs. Slole of Bihart, is proceeding with the inv,: tigation.

4. Per contra, the leamed Additional Public Prosec rtor submitted that the investigating officer has already issued notic: under Section '1zor+1 e scc zz: 3 I I 35(3) of the BNSS to the petitioners in the month of June, 2025, and that the petitioners are entitled to submit their reply by raising all the pleas available to them, along with the documents in their possession.

5. Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that there are no specific allegations against the petitioners to attract the essential ingredients ofthe offence under Section 332(b) of the BNS. Hence, this Court is ol the prima facie view that Section 332(b) of the BNS is not attracted. The other offences levelled against the petitioners are punishable with imprisonment of less than seven years. Even according to the learned Additional Public Prosecutor, the Investigating Offrcer has already issued a notice under Section 35(3) of the BNSS to the petitioners. [f the petitioners have not yet submitted their reply, they are directed to submit the same by raising all grounds available in law and by enclosing all relevant documents' However, the Investigating Officer is directed to follow the guidelines formulated by the Hon'ble Apex Court in Arnesh Kumar's case supra, while filing the final rePorl

6. Subject to the above directions, the Criminal Petition is disposed of. 4 Miscellarieous applications, pending if anr. shall stand closed. To, SO/. K MADHAVI, ASSI ;TANT REGISTRAR. //TRUE COPY// SECTION OFFICER

1. The Principal District Court, Mulugu 2. The Station House Officer, Mulugu police Station, Mulug .r District. 3' Two ccs to the Pubric prosecutor, High court for the s:i te of rerangana at Hyderabad [OUT]

4. One CC to SRI ALUVALA KEDHARNATH, Advocate [(] ,UCl 5. Two CD Copies NVB HIGH COURT DATED:2311212025 ir a-) ORDER CRLP.No.17431 of 2025 DISPOSING THE CRIMINAL PETITION 1;{;f,}.::;.-, y i: r- i1 ai!^. J t Uit ljill .5 -a .tr:.)/ 1;-',' ...-,- r':,ll' - -: .. --,_..1'-1'