K. Ganesh Kumar, v. The State of Telangana,
Court: High Court for State of Telangana
Bench: J SREENIVAS RAO
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2026-04-28. K. Ganesh Kumar, v. The State of Telangana,. Read the judgment and case details on LawSphereX.
Judgment text
3303 [ ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE J SREENIVAS RAO CRLP. Nos. 6134 AND 6089 OF 2026 CRLP NO: 6134 OF 2026 Between: 1. Smt. Purra Mangamma Wo. Purra Sathaiah, Aged 53 years, Occ. Housewife,. 2 Purra Ganesh S/o. Purra Satharah, Aged 32 years, Occ. Business, Both are R/o. H. No. 2-65, lndrakaran Village, Kandi Ailandal, Sangareddy District, ... PETITIONERS/ACCUSED Nos. 1 & 2. AND 1. The State of Telangana,, Rep. by its Public Prosecutor, High Court at Hyderabad 2. Riyazar Rahman S/o Mohammed Khaleef Rahman, Aged about 48 years, Occ. Business. R/o Plot No. 9, Rahman Mansion, Amar Jyothi Colony, New Bowenpally, Secunderabad - 50001. 1 . ... RESPONDENT/COMPLAINANT Petition under Seclion 528 of BNSS prayrng that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to Quash .
1 the FIR registered against the Petitioners/Accused Nos & 2 in Crime. No. 08 of 2025, Dt. 22-01-2025 on the file of Police Statron lndrakaran, Sangareddy District for the offence Under Sec. 420, 47O. 406. r/w 34 of l. P. C. l. A. NO: 2 OF 2026 Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petilion, the High Court may be pleased to stay all further proceedings including arrest of the Petitioners/Accused Nos 1 & 2 in Crime. No. 08 of 2025, Dl 22-01-20? 5 on the file of Police Station lndrakaran, Sangareddy District pending disposal of the Quash Proceedings CRLP NO: 6089 OF 2026 Betwee n K. Ganesh Kumar S/o. K lr/lallaiah. Aged 53 years, Occ. Business, R/o. H. No 1 8-31, Seetharampuram, Bownpalh, Secunderabad ... PETITIONER/ACCUSED No. 4 AND 1 The State of Telangana,, Rep by its Publlc Prosecutor, High Court at Hyderabad. 2. Riyazar Rahman S/o lvlohammed Khaleef Rahman, Aged about 48 years, Occ.
Business, R/o Plot No. 9, Rahman Mansion, Amar Jyothi Colony, New Bowenpally Secunderabad 50001 1 ... RESPONDENTS/COMPLAINANT Petition under Section 528 of BNSS praying that in the circumstances stated in the It/emorandum of Grounds ot Criminal Petition, the High Court may be pleased to quash the FIR registered agarnst the Petitioner/Accused No 4 in FlR. No. 08 of 2O2S. Dt. 22- 01-2025 on the file of Police Station lndrakaran, Sangareddy Dist for the offence Under Sc 420, 470. 406 r/w 34 of IPC l. A. NO: 2OF 2026 Petitron under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petttion, the High Court may be pleased to stay all further proceedings including arrest of the Petitioner/Accused No 4 in Crime in FlR. No. 08 of 2025. Dt. 22-01 2025 on the file of Police Station lndrakaran.
Sangareddy Dist, pending disposal of the quash proceedings These Petitions coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of Sri palle Sriharinath, Advocate for the Petitioners and sri Jithender Rao Veeramalla, Additional public Prosecutor on behalf of the Respondent No. 'l . The Court made the following: COMMON ORDER @ a-l IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION Nos. 6l34 and 6089 of 2026 Date:28. 04. 2026 Be tween: Smt. Purra Mangamma and another ... Petitioners in Crl. P. No. 6134 of 20261 Accused Nos. I and 2 K. Ganesh Kumar . -.. Petitioner/ Accu sed No. 4 AND The State of Telangana and another. .. Respondents Common Order: Criminal Petition No. 6 I 34 of 2026 has been filed by the petitioners accused Nos. 1 and 2 and Criminal petition No. 6O89 ot / 2026 has been filed by the pe titioner/ accused No.
4, seeking to quash the proceedings in Crime No. 8 o[ 2025 of Indrakaran Police Station, Sangareddy District, registered for the offences punishable under Sections 42O, 47O and 406 r/w 34 of the Indian Penal Code, 1860 (for short 'the IPC'). 2. Heard Mr. Palle Sriharinath, learned counsel for the petitioners, and Mr. Jithender Rao Veeramalla, Iearned Additional Public Prosecutor, appearing [or respondent No. 1. With their conscnt, thc cnminal pctition is disposed of at the stage ol admission. 3. Learned counsel lor the petitioners submitted that the petitioners have not committed any offenr:e and they werc falsell' implir:ated in the prt:sent crime. Even according to the allegations madc in the complaint, the nature of allegations are purely civil in nature, especially, accused No. t had executed the sale deed in lavour of t}:. e de-facto complainant on 12. 11. 2o20 and delivered the physical possession of the property. Respondent No. 2 Illed the present complaint on 22. O1.
2025 alleging that the pctitioners are not cooperating for mortgaging and dimensions for fencing. He furthcr submitted that accused No. 4 is onl-u. ' a mediator. Hence, the ingredients ol the offences under Sections 42O, 47O and 406 r/w 34 of thc IPC are not attracted against the petitioners. He further submitted that the offences levelled against the petitioners are punishable with imprisonment of less than seven years. Hou,evcr, the Investigating Officer, without following Lhe mandatory procedure prescribed under Sect. ion 41-A of Cr. P. C. and the guidelincs issued by the Apex Court rn Arnesh Kumar Vs. State of Biharr, is proceeding with the investigation and the same is contrary to law. 4. [,e arned Additional Public Prosecutor submitted that there are specific allegations levelled against the petitioners to at[ract thc r(2o 14) 8 SCC 273 /' offences levelled against them.
Whether the allegations levelled in the complaint are true or not, has to be revealed during the course l of investigation. Hence, the petitioners are not entitled to seek for : quashing the proceedings. However, since the offences levelled against the petitioners are punishable I with lmprisonment below I I seven years, the Investigating Officer wants to follow the due procedure as contemplated under Section 41-A oi Cr. p. C. and the . guidelines issued by the Hon'ble Apex Court in Arnesh Kumar (supral, and requested this Court to direct the petitioners to cooperate with the investigation. 5. karned counsel for the petitioners by way o[ reply submitted that the petitioners will cooperate with the investigation and they will appear before the Investigating Officer and receive the notice. 6. Having considered the rival submissions made by the respective parties and upon perusal of the material available on record, it reveals that the offences levelled against petitioners / accused Nos.
1, 2 and 4 are punishable with imprisonment of less than seven years. Even according to the learned Additional Public Prosecutor, the tnvestigating Ofhcer will follow the due procedure as contemplated under Section 41-A of Cr. P. C. and the guidelines issued by the Hon'ble Apex Court in Aruesh Kumar (supral In view of the same, petitioners are directed to appear before the Investigating Officer on or before 06. 05. 2026 and on such appearance, the Investigating Ofhcer is directed to scrupulously follow the procedure as contemplated under Section 41-A o[ Cr. P. C. and the guidelines issued by the Hon'ble Apex Court in Arnesh Kumar (supra) and conclude the investigation. It is macle clear that the pctitioners are entitled to put forth their grievances before the Investigating ofhcer as soon as they received the notrce- 7. With the above directions, both the Criminal Petitions are disposed of. Miscellaneous applications, pending if any, shall stand closed.
SDi- M JAWAHAR REDDY ASSISTANT REGISTRAR //TRUE COPYi/ SECTION OFFICER To, 1 The Additional Judicial First Class Magistrate at Sangareddy 2 The Station House Officer lndrakaran police Station, Sangareddy Distric 3. Two CCs to Public prosecutor, High Court for the State of Telangana, at Hyderabad [OUT] 4. One CC to Sri Pa e Sriharinath, Advocate [OpUC] 5 Two CD Copies u, VlliAIlK HIGH COURT DATED: 2810412026 -"4 - rLrr:: . r. ' "' :. -c l;id . i. v'_-\:'. "'L A:{}.. /.... 'r' * i. ',. :). ,'. ,. -t ) z''\ i'l i;. 1 '.. 29APBzrr7t :, ,.. ! :ii ' . ':;. '. i . 1. COMMON ORDER G CRLP. Nos . 6134 AND 6089 OF 2026 DISPOSING OF THE CRIMINAL PETITION Lb 1,\ h L
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