The High Court · 2025

House Officer, Medipally PS, Rachakonda, High Court, Hyderabad. RESPONDENT 2- Pandikonda Shalini, S/o. Pandikonda Sateesh Kumar Age about 33 Years, Occ: Asst. Professor at Aurora's PG college Plot No. 206, P& AMP Colony; T Colony, Medipally Mandal, Medchal Malkajgiri, Telangana ...RESPONDENT/DE.FACTO COMPLATNANT 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 quash the Proceedings in FIR No. 1408 of 2025, Dlt O7 -'12-2025 on the file of the PS, Medipally, Ulsec.74, 115(2), 351(2), 324(4), 3(5) of BNS against the Petitioners herein and to pass such other or : ders as this Hon,bre Court deems fit and proper in the interests of Justice.

1.A No:2OF 2025 Petition under Section 52g of BNSS, praying that ir the circumstances stated in the Memorandum of Grounds of criminar petition, the High court may be pleased ro grant stay of aI further proceedings in conr ection with FrR No. 1408 of 2O25, Dt: 07-12-2025 on the fite of the pS, Medipet y, tJlsec.74, 115(2), 351(2), 324(4), 3(5) of BNS against the petitioners herein :ending disposal of the above Criminal petition in the interest of justice. This petition coming on for hearlng, upon perusing t re Memorandum of Grounds of criminar petition and upon hearing ttre argum*r ts of Ms. Bhargavi Mala representing srr Vempati Malikarjun shJstry, Advocert > for the petitioner and of sri Jithender Rao veeramafla, the Additionar pubrir; prosecutor for the state of rerangana on beharf of the Respondent No.'1 and r,rone appeared for 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 N0.176ll of2025 Date:24.12.2025 Between: Pand ikonda Ravinder and four others ...petitioners/accused Nos. I to 5 AND The State ofTelangana, Represented by the public prosecutor, High Court at Hyderabad, and another ...respondents ORDER This Criminal Petition is filed seeking to quash the proceedings in FIR.No. 1405 of 2025, on the file of Medipally police Station, wherein the petitioners were arrayed as accused Nos.l to 5, for the offences punishable under Sections 74, .ll5(2), 351(2), 324(4) r/w.3(5) of the Bharatiya Nyaya Sanhitha, 2023 (for short .BNS').

2. Heard Ms. Bhargavi Mala, leamed counsel, representing Mr. Vempati Mallikarjun Shastry, leamed counsel for the petitioners and Mr.Jithender Rao Veeramalla, learned Additional public Prosecutor for respondent No. I -State.

3. Learned counsel for the petitioners submits that the petitioners have rqt committed alleged off'ence and they are falsely implicated in ) the present crime. Even according to the allegations xade either in the complaint or the final report, do not attract the in5 redients under Sections 74, 115(2), 351(2), 324(4) rlw.3(5) of ]NS and the allegations leveled against the petitioners are purelv c ivil in nature. Hence the continuation of proceedings against the 1r:titioners is a clear abuse of process of law. Though the learned . runsel for the petitioners has raised several grounds, but he restric:r d his prayer, requesting the court to direct the Investigating officer to follow the procedure as contemplated under Section 4l -A of .he Criminal Procedure Code, 1973 (for short, 'Cr.P.C.')/Section l5(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for shor-t. BNSS,) and also the guidelines formulated by the Apex Court in At nesh Kumar Vs. State of Bihart. 4. Leamed Additional Public prosecutor submirl :d that the offence leveled against the petitioners are punir hable with imprisonment below seven years and the Investigating officer will also follow the procedure as contemplated under law.

5. Taking inlo consideratipn the facts and circumsr: nces of the case and the submissions made by the respective partre s and upon perusal of the record, it reveals that the offences levele,r against the '(2014) 8 scc 273 t 3 petitioners are punishable with imprisonment below seven years and the Investigating Officer ought to have followed the procedure by issuing notice under Section 4l-A of Cr.P.C/Section 35(3) of BNSS

6. The Investigating Officer is directed to issue notice under Section 41-A of Cr.P.C./Section 35(3) of BNSS and follow the guidelines issued by the Apex Court in Arnesh Kumar supra.

7. It is made clear that the petitioners are entitled to submit reply/explanation along with the documents, which are available with them, to the Inveptigating Officer.

8. Subject to the above directions, the Criminal Petition is disposed of. Miscellaneous applications, pending if any, shall stand closed. SD/- K MADHAVI, ASSISTANT REGTSTRAR. L9 SECTION OFFICER //TRUE COPY// To class Medchal Malkajgiri District at L-B.Nagar.

1. The Principirl Junior Civil Judge cum lV Additional Judicial Magistrate of First 2, The Station House Officer, Medipally Police Station, Rachakonda Hyderabad. 3. Two CCs to the Public Prosecutor, High court for the state of Telangiana, at 4. One CC to Sri. Vempati Mallikarjun Shastry, Advocate [OPUC] 5. Two CD Copies Hyderabad [OUTI J HIGH COURT DATED:2411212025 I ,J,.i , .,- ' jj :) l'i i i!3l .,.-,! :.:'.-l: ORDER CRLP.No.17611 ot 2025 DISPOSING OF THE GRL.PETITION I