The High Court · 2025

Manoj Singh Devi, S/o Late D. Sajjan Singh, aged about 63 years, Occ: Educationalist, R/O. B-7l1 , Sri Sainagar Colony, Eesides Bank of Maharashtra, Bandlaguda, Keshogiri, Hyderabad - 500005. ...PETITIONER/ACCUSED AND 1 . The Station House Officer, l. S sadan Police Station, The state of Telangana, rep. by its Public Prosecutor, High Court for the State of Telangana, Hyderabad

2. Smt. Shanti Singh, Wo. Late D Vinod Singh, aged,about 56 years. Occ: Private/Member of Vidya Dayini Educational Society, Rlo.8-2014, Sri Sainaar Colony, Balapur, Ranga Reddy District. ...DEFACTO COMPLATNANT (RESpONDENT) Petition under Section 528 of BNSS, praylng 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. 321 of 2025 on the file of LS. Sadan, Police Station, Hyderabad, as illegal arbitrary, biased, u nconstitu tional and against the principles of the natural yustice. LA. NO: 2OF 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 stay of all further proceedings in FIR No 321 of 2025 On the file of LS. Sadan, Police Station, Hyderabad, pending disposal of the above Criminal Petition. *7 This Petition coming on for hearing, upon perusinlt the Memorandum of Grounds of Criminal Petition and upon hearing the argr-rr r :nts of Sri D S N V Prasad Babu, Advocate for the Petitioner and of Sri Jithe- ier Rao Veeramalla, the Additional Public Prosecutor for the State of Telang; ra on behalf of the Respondent No.1 and None appeared for Respondent no.2 The Court made the following: ORDER l. i i I I I I i I HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No. 17702 of 2025 DATE: 24. 12.2o25 Between : Manoj Singh Devi AND The Station House Officer, [.S. Sadan Police Starion, The State of Telangana, Rep. by its F\rblic prosecutor, High Court for the State of Telangana, Hyderabad and another .. Petitioner/ accused :ORDER: Respondcnts This criminal petition has been tiled b1, the petiLioner/ accuscd seeking to quash the proceedings in F.I.R.N o.321 of 2O25 of I.S. Sadan Police Station, Hydcrabad, rcgistcred lor the oflences under Sections 74, lL5(21,351(2) and 352 of tl.re Bharariya N1,aya Sanhita, 2023, (for short, 'BNS').

2. Heard Mr. D.S.N.V. prasad Babtr, Iearned counsel for the petitioner, a;rd Mr. Jithender Rao Vecramalla, learned Additional Public Prosecutor appearing fot- rcspondent No.1 Stale.

3. Learned counsel for the petitioner submitted that the petitioner has not committed any offence and he h:rs been falsely implicated in the present crime. Even according to tltc zrllegations made in the l'//

2. complalnt, I he ingrcclients of the offences under S cctions 7 4 ' ll5(2l'' 35 1(2) and il52 of the BNS are not attracted ag2 nst the petitioner' Hc lurther sLrbrnitted that rcspondent No 2 ancl others filccl O.P.No.rr6 ,rl 2025 belorc the XXV Chief Judgc Cifv Civil Courts' Hyderabaci, scckrng termination ol the petitionel rs tlle President ol M/s. Vidl,'a Daf ini trducational Society, and othe- relit:is' Along with the sai<l O P.. thcy filecl an application, namely i \'No 1790 of 2025 lor granl ol an ad intenm injunction against t re petitioner from interfering rv jth the affairs and administration of : aid Society and its institutions, lllore spccificalll' from collectir g amounts into unauthoriz,:cl/ pcrsonal accounts, including arr participation of responclent No.2 ar-rcl others in the administrat < n of Society' The learned XXV Aclditional Chief Judge, City Civil lourt, Hyderabad' grantcd an od utteim injunction on 18 12 2O2l'' Immediatcly' the petitioner filed ar-r application on 22.12.2025 sccl ing vacation of [he said ad inteim ex parte injunction and the saiil application is still pending. licspondcnt No.2 has implicated the 1't titiorler by making false allegations. Hence, the continuation of the lroceedings against the petitioner is clcar abuse of the procession of 1l' : law'

4. Per corttra, le arned Assistant Public Pi:osecr tor submitted that respondenLNo.2hasmadespecificallegationsal,iinstthepetitioner' WheLher the pctitioner has committed the offen: ) or not, the same has to be qcvezrlecl during the course of investiga r rn' As of now, the \ G=F€ :: 3 Investigating Officer has recorded the sta[cnrenr of respondent No.2 and the investigation is under progress. FIe further submitted that as the offences ievelled against the pctitioner are punishable with an imprisonment of less than seven years, the Investigating Officer will follow the procedure o" .o,'rt"rnpiured Lu1(lur Scction 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 llor short, ,BNSSJ and also the guidelines issued b1, the Hon,ble Apcx Court in Arnesh Kumar Vs. State of Biharl. The pcririorrer is entitled to submit his reply by raising ail the pleas by enclosing all tlie documents. j \

5. Having considered the rival submissions made by the respective parties and upon perusal o[ thc ma Lerial available on record, it reveals that the offences levellecl ag,rnst the petitioner are punishable with an imprisonment belorv seven years. The Investigating Olficer ought ro have follorved the procedure as contemplated under Section 35(3) of BNSS and ihe guiclelines issued by the Hon'ble Apex Court in Arnesh Kumar supra. ( f

6. Hence, the Investigating Oflicer is dir-ectcd to scrupulously follow the procedure contemplated under Section 35(3) of BNSS and the guidelines issued by the Apex Court in Arnesh Kumar supra.

7. It is made clear that the petitioncr/ accused shall cooperate with the Investigating Ofiicer for the investigation and make himself '(20 14) 8 scc 273 ,1 availablc tO him as and when information / <loctlmctlts as sought required and also Provide thc by him, rlftc: receiving notice under Sccti,)rr ll5(3) ol thc BNSS

8. Sub.1ecr to thc above dircctions, the Cr minal Pctition ts disposed of Misce llani:ous applications, pending if any, : hall stand closed' : SD/. N SRIHARI REGISTRAR =PUTY :/ SECTION OFFICER //TRUE COPY// To

1. The VII Additional Chief Judicial Magistrate at Nampally. lyderabad 2. The Station House Officer, l.S. Sadan Police Station, Hvr erabad 3. Two CCs to the Public Prosecutor, High court for the stz t : of Telangana, at Hyderabad [OUT]

4. OneCCto SRI D S NVPrasad Babu,Advocate[OPU:l 5. Two CD Copies PIL'PSt- HIGH COURT DATED:2411212025 St--r 1 c O 0I ? It urf6 t \.\ I t c,h( ORDER CRLP.No.17702 ot 2025 DISPOSING OF THE CRL.PETITION a\{