SRINIVAS BADHE alias BADE SRINIVAS, 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 2026-04-16. SRINIVAS BADHE alias BADE SRINIVAS, v. THE STATE OF TELANGANA,. Read the judgment and case...
Judgment text
33031 [ IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE J SREENIVAS RAO CRIMINAL PETITION NO: 5633 OF 2026 Between: Srinivas Badhe Bade Srinivas S/o Nimmalaiah, Aged about 41 years, Occ @ Pvt Employee, Rlo 16-27 , Shivalayam Veedhi, Narsapur, Medak ... PETITIONER/ACCUSED ANO '1. The State of Telangana, Through Public Prosecutor, High Court for the State of Telanganb At Hyderabad Through PS Suryapet ll Town 2. Sunkaiah Kandela s/o Gopaiah, Aged about 46 years, Occ Pvt. Employee, Rlo 3-12-121511, Seetharampuram, Suryapet ... RESPONDENTS 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 FIR No. 436/2025 of P. S. Suryapet ll Town, Suryapet, under Sections 318(4), 335, 336 (3) BNS as the same is untenable either on facts or under law. 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 Petition, the High Court may be pleased to stay all further proceedings pursuant to FIR No. 436/2025 of P. S. Suryapet ll Town, Suryapet, under Sections 318(4),335,336 (3) BNS including arrest of Petitioner/Accused pending disposal of the main Criminal Petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri G. Hemanth representing Sri Sardar Ramavath, Advocate for the Petitioner, Sri Jithender Rao Veeramalla. Additional Public Prosecutor on behalf of the Respondent No. 1. The Court made the following: ORDER IN THE HIGH COURT FOR THE STATE OF'I ELANGANA AT HYDERABAD THE HONOTJRABLE SRI JUSTICE J. SRE,EI' IVAS RAO CRIMINAL PETITION No. 5 633 of i)t )26 Date:16. 04. 2026 Between: Srinivas Badhe Bade Srinivas @ ..
Petitioner AND The State of I'elangana, through Public Prosecutor, High Court lor the Statc ol"l'clangana at Ilyderabacl. Tlu'ough PS Suryapet II Town and anorher. .. Respondents ORDER This Crirninal Petition lras been filed seeki rg to quash the proceedings irr C-'rirne No. 436 ol'2025 police ol Suryapct tl l-own Station, Suryapet, wherein the petit. ioner was an i yed as accused for the offences punishable under Sections 318(4) 135, and 336(3) olLhe Bharatiya Nyaya Sanhita, 2023 (fbr shorr 'lll IS' 2. With the consent of both the leamed cour I el, the criminal petition is disposed of at the stage of admission 3. Heard Mr. G. Hemanth, leamed couns :l representing Mr. Sardar Ramavath, learned counsel flor th: petitioner and Mr. Jithender Rao Veerarnalla, leamed Ac < public itional Prosecutor fbr respondcnt No. I 4. Leamed counsel lor the petitioner submitted that the pctitioner has not committed the alleged oflence and has been lalsely implicated in the present case.
He further submitted that the allegations levelled against the petitioner are purely civil in nature. Instead of approaching competent Civit Court, respondent No. 2 has filed the present private complaint by giving criminal colour. The leamed Magistrate without properly considering the contentions of the conrplaint filed by respondent No. 2, relerred the matter to the police lor investigation especially' when the ingredients of the oflences punishable under Sections 318(4), 335, and 336(3) of the i I BNS are not attracted. He further submitted that the offences levelted against the petitioner are punishable with imprisonment of less than seven years. The Investigating Officer, without following the mandatory procedure prescribed under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') and I without foltowing the guidetines formulated by the Hon'ble Supreme Court in Arnesh Kumar Vs.
Stile of Bihart, the i I principles laid down by the Hon'ble Apex Court in Md. Asfak Alam v. The Slate of Jharkhantl & another (Crl. A. No. 2207 of 2023) dated 31. 07. 2023, and also the circular issued by this Court r4 ) E scc 2 '(20 I in ROC. No. l399lSOl2023 dated 09. 08. 2023, is pr rceeding further in the matter and thc same is contrary to law. '' 5. Per contra, leamed Additional Public l) basing 'secutor, upon the written instructions furnished by the Invc;tigating Olficer dated 15. 04. 2026, submitted that the Investigat ng Olficer had already issued notice under Scction 35(3) ol rte BNSS to the petitioner on 08. 04. 2026 and the petitioner is entit ed to submit his I I j rep lylexplanation to the said notice. However, rr hout submitting the same, he has straightaway approached this (. < urt and fited the present petition, which is not maintainable under 'rcply 6.
l,earned counsel tbr the petitioner by wa1 ,r submitted that the petitioner rray be permitted to submir his reply to the notice under Section 35(3) olthe BNSS. l. IJaving considered the rival submissio r; made by the respective parties and after perusal of the mate 'ial available on record, it reveals that the oflences levelled against the peritioner are punishable with imprisonmenl of less than s: ren years. Even according to the prosecution, () the Investigating ficer had already issued notice under Section 35(l) BNSS to the pct tioner 8. ln view of the same. the petitioner is : rtitled to submit reply/explanation by raising all the pleas whicl are available to , ,,} t hirn and he is also entitled to submit the documents, il any, which are in his custody, to the Investigating Olficer 9. Accordingly, the Criminal Petition is disposed of. Miscellaneous applications, pending if any, shall stand closed. SD/. K. BHAVANI SWAMY ASSISTANT REGISTRAR z (v //TRUE COPY// SECTION OFFICER To, 1.
The Principal Judicial First Class Magistrate Court at Suryapet 2,ThestationHouseOfficer,suryapetllTownPoliceStation'Suryapet Court for the State of Telangana' at 3. Two CCs to Public Prosecutor, High Hyderabad [OUT] 4. One CC to Sri Sardar Ramavath, Advocate [OPUC] 5. Two CD CoPies VH/KA F HIGH COURT DATED: 1610412026 1HE S T4 ,I R ORDER t7 0 //A ,/$ ii' f CRLP. No. 5633 of 2026 '| i) ,,1 : ? ii! 2t26 ji ). i DISPOSING OF THE CRIMINAL PETITION c,$
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