The High Court · 2025

2. Smt. Guda Padma, Wio. G Housewife.

3. Sri Guda Mohan Reddy, S/o. Agriculture. Buchi Reddy, Aged about 51 years, Occ G. Buchi Reddy, Aged about 34 years, Occ.

4. Sri Guda Bhaskar Reddy, S/o. G. Buchi Reddy, Aged about 33 years, Occ. Agriculture. All are FIo.H.No. 3-26, Peddaramcharla Village, Jangaon Mandal and District, T5-506221. ...Petitioner/Accused AND

1. The State of Telangana, through SHO, Jangaon Police Station, Jangaon District, Rep. by Public Prosecutor, High Court, Hyderabad.

2. Mr. Balagani Narsaiah, S/o. Somaiah Aged about 60 years, Occ. Business Rl/o. Pembarthi Village Jangaon Mandal and District, TS - 506 167 ... RespondenUGomplainant ...RespondenUDe-facto Complainants 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 call for the records relating to the Crime No. 571 of 2025 of Jangaon Police Station, Jangaon District for alleged offences under Secs.318 (4), 351 (2) r/w. 3 (5) of BNS and quash the proceedings thereon against the Petitioners / Accused. l.A. NO: 1 OF 2025 Petition under section 528 of BNSS praying that ir the circumstances stated in the Memorandum of Grounds of criminal petition, tr l High court may be pleased to stay of all fu(her proceedings in connection wi1 r crime No. 571 of 2o25 of Jangaon Police station, Jangaon District for alle ]ed offences under Secs.318 (4), 351 (2) rlw.3 (5) of BNS, pending disposat of th .. Criminat petition. This Petition coming on for hearing upon perusing ; re Memorandum of Grounds of Criminal Petition and upon hearing he arguments of sri G.NARENDER REDDY, Advocate for the petitioner and t re Sri Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Fir spondent No.1, and 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. 17493 of 20.25 Date:23.12.2025 Between Sri Guda Buchi Reddy and 3 others The State of 'leiangana, Represented by Public Prosecutor, High Court, Hyderabad and another. AND . . Petitioners Respon dents ORDER This Criminal Petition is filed seeking to quash the proceedings in Crime No.57 1 of 2025, on the hle of the Jangaon Police Station, Jangaon District, u,herein the petitioners were arrayed as accused Nos.l to 4, for the offences punishable under Sections 318(4), 351(2) r/w 3(5) of Bharariva Nyaya Sanhitha,

2. Heard Mr.G.Narender Reddy, learned counsel for the petitioners and Mr.Jithender Rao Veeramalla, Iearned Additional Public Prosecutor for respondent No. 1-State. // t 2

3. Learned counsel for the petitioners sut mitted that the petitioners ha'e not committed a,,y offence anrl have been falsel_1, irnplicated in the present case. Even r ccording to the allegations macle in the compliant, the naturc c f th e allegations are purely civil in nature regarding property dis,1 utes arising out of agreement of sa.le dated 07.04.2025. Resprrdent No.2 had already approached the competent Civil Court rr rd filed civil suit narrel.v O.S.No. lO of 2O2S for seeking specili,: per.formance of .rgreement clated 07.04.2025. When a comprehr: Lsivc civil suit is pending, respondent No.2 filed the comptaint -, 56111s the civil disputes b-r giving criminal colour and tl.r silme is lto[ permissible under law. The ingredients for th c offences under Sectiorrs 318(4), 351(21 r/w 3(5) of BNS are nor r _rracted. Hence. the continuation of proceedings against them ,r oulcl be a clear abuse of pro,.ess of lau.. 1 . Per cont.ra, learned Additional public prosr:, utor submit ted that there are specific allegations levelled again:; th<: petitioners to attract t he ingredients, whether the 1rr titioners have committed t he offence or not has to be revealed after investigation and the petitioners are not entitle (l for quashment of proceedings.at this stage. 3

5. Having considered the rival submissions made by both the parties and upon perusal of the material available on record, it reveals that the oflences levelled against the petitioners are punishable with imprisonment of less than seven years. Hence, this Court is of the view that the Investigating Officer ought to have followed the procedure as contemplated under Section 41-A of the Criminal Procedure Code, 1973 (for short, \ 'Cr.P.C.')/Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'BNSSJ and also the guidelines formulated by the Apex Court in Arnesh Kumar supra

6. For the foregoing reasons, the Investigating Officer is directed to scrupulously follorv the procedure contemplated under Section 35(3) ol the BNSS and the guidelines issued by the Honble Apex Court tn Arnesh Kumar supra and conclude the investigation.

7. [t is made clear that the petitioners are entitled to submit reply/ explanation along with the documents, which are available u,ith him, to the Investigating Officer. 4

8. tf the petitioners fail to appear before t l- e Investigating Officer, within the stipulated time, the Invesl irE rting Officer is entitled to proceed urith the proceedings in accor I tnce n ith law,.

9. With thc above said direction, this crinL :-lal petition IS disposed of Miscellaneous applications, pending if a:- y, shall stand closed. To, SiI )/- MOMINA MEHAR ASSI] iTANT REGISTRAR /\ L \ StcrroN oFFrcER //TRUE COPY// 1 . The Station House Officer, Jagaon Police Station, Warrr rgal District. 2. f wo CCs to the Public Prosecutor, High Court for the Sle te of Telangana at Hyderabad [OUT]

3. One CC to SRI G.NARENDER REDDY, Advocate [OPl., )] 4. Two CD Copies NVB -2 HIGH COURT DATED:2311212025 ORDER CRLP.No.17493 of 2025 L T R ) TI: ( (-) '.--.' 2 { I I L .1( .P ':'. *'\.-Dr. .-,.. ': f., DISPOSING THE CRIMINAL PETITION * J