The High Court · 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 quash the proceedings in FIR No. 417 of 2025, dated 19-12-2025 on the file of the Yellandu Police Station, Bhadradri Kothagudem District, against the Petitioners/Accused Nos. 1 to 4. r.? l.A. NO: 2 OF 2025 Petition under Section 528 of BNSS praying that !n the circumstances stated in the Memorandum of Grounds of Criminal Petition, tirr High Court may be pleased to grant stay of all further proceedings in FIR No 117 of 2025, dated 19-12-2025 on the file of the Yellandu Police Station, Bl i dradri Kothagudem District including the arrest of the Accused nos. 1 to 4 till the lisposal of the Main Quash Petition in the interest of the justice. This Petition coming on for hearing, upon perusing 1re Memorandum of Grounds of Criminal Petition and upon hearing the argumerr.; of Sri Kalyan Rao Chengalva, Advocate for the Petitioners and Sri Jithench r Rao Veeramalla, Additional Public Prosecutor on behalf of Respondent No.1 ar j 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.SREENIVAS RAO CRIMINAL PETITION No.17549 of 2025 Dzte:24.12.2025 Between: Neelam Rajashekar and three others AND The State ofTelangana, through SHO P.S. Yellandu, Rep. by Public Prosecutor, High Court for the State of Telangana, at Hyderabad and another Order ...Petitioners ...Respondents This Criminal Petition is filed seeking to quash the proceedings in FIR No.4l7 of 2025, on the file of the Yellandu Police Station, Bhadradri Kothagudem District, wherein the petitioners were arrayed as accused Nos.l to 4 for the offences punishable under Sections 296(b),35i(2), 49 rcad with Section 3(5) of the Bharatiya Nyava Sanhita, 2023 (for short, "BNS"), and Sections 3(l)G), 3(1)(s), and 3(2)(va) ofthe Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short SC/ST (POA) Act). --r 2

2. Heard Mr.C.Kalyan Rao, learned counsei 1t r the petitioners and Mr.Jithender Rao Veeramalla, learned I' tditional Public Prosecutor fbr respondent No. I -State

3. Learned counsel for the petitioners submittecl .hat the offences levelled against the petitioners are punishable witl mprisonment of less than seven years. The Investigating Officer with rut following the mandatory procedure prescnbed under Section 4l-t of the Criminal Procedure Code, 1973 (for shor1, 'Cr.P.C.')/Secti rn 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for shc rt, 'BNSS') and also the guidelines formulated by the Apex Court ir Arnesh Kumar Vs. State of Bihar,t is proceeding with the investigei on and the same is contrary to law

4. Learned Additional Public Prosecutor sub nitted that the Investigating Officer will follow the procedure as ccr templated under law and the petitioners may be directed to co I lerate with the rnvestrgatlon.

5. Having considered the rival submissions made by the respective parties and after perusal ofthe material ar,e .lable on record, it reveals that the offences levelled against thc petitioners are 11zot+; 8 scc zz3 II t I 3 punishable with imprisonment of less than soYen years. Hence, this Court is of the considered view that the Investigating Officer ought to have followed the procedure contemplatcd under Section 4l-A of the Cr.P.C/Section 35(3) olthe BNSS and also the guidelines lormulated by the Apex Court in Arnesh Kumar supra

6. Taking into consideration the facts and circumstances of the case, the petitioners/accused Nos.l to 4 are directed to appear before the Investigating Officer, on or before 09.01.2026, and on such appearance, the Investigating Officer is entitled to issue notice under Section 4l-A of Cr.P.C./Section 35(3) of BNSS and follow the guidelines issued by the Apex Court in Arnesh Kumar supra.

1. It is made clear that the petitioners are entitled to submit reply/explanation along with the documents, which are available with them, to thc lnvestigating Olficcr.

8. If the petitioners fail to appear before the Investigating Officer within the stipulated time, the Investigating Officer is entitled to take action against them in accordance with law.

9., Subject to the above directions, the Criminal Petition is disposed of. -l I 4 -:.: - \ ', Miscellaneous applications, pending if any, s r rllstand closed. SD/ ,,I. OSMAN ALI BAIG AS:; STANT REGISTRAR //TRUE COPY// SECTION OFFICER To,

1. The Judicial First Class Magistrate at Yellandu 2. The Station House Officer P.S. Yellandu Police Statior, Bhadradri Kothagudem

3. Two CCs to the Public Prosecutor, High Court for the S.i te of Telangana at Hyderabad (OUT) 4. One CC to SRI KALYAN RAO CHENGALVA Advocate [ )PUC] 5. Two CD Copies ADI(PSL \qr --: -.----. \ ti ,; S ir:l ,::.\.. : 'u,c l./\ ri' 2 i 0Ei, ii,'; i:. ;i ,.t;/i 1t :, .(\soa.,1;',1)./" -'-:: .4. \\ .1, \1 /r \ li,:,:i:_l- - HIGH COURT DATED:2411212025 ORDER CRLP.No.17549 of 2025 /, :-t l!,Jil -\.,r] \.'. .a'. DISPOSING OF THE CRLP ",4 % "o(i rfu"