LawSphereX

Jagath Palli Ravinder Reddy 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 2025-12-11. Jagath Palli Ravinder Reddy v. The State of Telangana. Read the judgment and case details on...

Judgment text

v "[33031 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE ELEVENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE J SREENIVAS RAO Between: 1. Jagath Palli Ravinder Jagath Palli Narasimha Reddy, Age 44 years, Occ: Private E (Clerk), R/o H. No. 1-20, Vetgonda, Veepangandla Mandal, District, Telangana. 2. Beeram Rekha, W/o Beeram Ma Sai Kumar Red dy, Age: 40 years, Occ: Business (Proprietor), Rl/o H. No. 1/1, Sriniva sapuram Wanaparthy District, Telangana ... PETITIONER/ACCUSED No. 1 & 3 AND 1. The State of Telangana, Rep. by its Public Prosecutor, through The Station House Officer, Chinnambavi Police Station, Wanaparthy District, Rep by High Court for the State of Telangana, Hyderabad. 2. Nagaraju, sl of Police, chinnambavi porice station, lfi . 4.. wanaparthy District. ..

RESPONDENT 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 Call for the records in F. l. R. No. 1 29 of 2025 dated 08. 12. 2025 on the file of the Police Station Chinnambavi, Wanaparthy District against the Petitioners/Accused No. 1 and 3 and Quash the same. l. A. NO: 2 OF 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 all further proceedings including the arrest of the Petitioners/Accused No. 1 & 3 in relation to Crime vide F. l. R. No. 12g of 2O2S dated 08. 12. 2025 on the file of the Police Station Chinnambavi, Wanaparthy District, pending disposal of the above Criminat petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon heqring the arguments of Sri BHARGAVAKRISHNA.

L, Advocate for the Petitioners and of Sri. Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Respondent No. 1 and none appeared for Respondent no. 2. The Court made the following: ORDER j I ,/ IN THB HIGH COURT FOR THE STATE OF TBLANGANA AT HYDERABAD THE IIONOURABLE SRI JUSTICE J. SREENIVAS RAO C Date: 11. 12. 2025 Between Jagath Palli Ravinder Reddy and another ... Petitioners AND 'ilre State of Telangana, - Rep. by its Public Prosecutor, through The Station House Officer, C-'h i nnambavi Pol ice Station, Wanaparlhy District, I{igh court fbr the State of Terangana, Hyderabad and another. ... ftespondents Order This criminal petition is filed seeking to quash rhe proceedings in FIR No. l,29 of 2025, on the file of the chinnambavi Police Station, wanaparthy District, wherein the petitioners were arrayed as accused Nos. l and 3, for the offences punishable under section 173 rlw. 3 (5) of the Bharariya Nyaya Sanhitha, 2023 and.

Section 3a @) of The Telangana Excise Act, 196g ,the (for short Act'). 2' Heard Mr. L. Bhargava Krishna, learned counsel for the petitioners and Mr. Jithender Rao veeramalla, learned Additional Prosecrltqgfor respondent _State. _Public No. l \ ll I 3. Learned counsel for the petitioners strbmitted that the petitioners have not committed the offences and they have been falsely irnplicated in the present crime. Even according to the allegatiorts made in the complaint, the ingreclients of the alleged offences levelled against the petitioners are punishable with an irnprisonrnent of less than Seven years' However' the Investigating Ofllcer, r,,,ithout foltowing the procedure contemplated under Section 4l-A of Cr. P. C. /Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 7023 (fbr shorl, 'BNSS',), as well as the guidelines forrnulated by the l'lon'ble Apex Court in Arnesh Kumar Vs' State of Bilrurt proceeding with the matter and the same is contrary to law' 4.

[-carned Aclditional Public Prosecutor submitted that investigating officer will tbllow the procedure as contemplated under Section 35 (3) of BNSS as well as the guidelines fonnulated by the Hon'ble Apex Courl in Arnesh Kumar's case (sultra)' 5. Flavingconsideredtherivalsubmissionsmadebythe and after peruSal of the material available on record, respective parties are against the petitioners it reveals that the offences levelled punishablewithimprisonmentoflessthanSevenyears. Hence,this Investigating Officer ought to view that the Court is of ttre considered B scc 273 ' lzot+1 / . / ::3:: have followed the procedure contemplated under Section 4l-A of the 1. I I Cr. P. C. /Section 35(3) of the BNSS and also the guidelines formulated i ; j by the Apex Court in Arnesh Kumor Vs. State of Bihar2. I ,l ; i 6.

Taking into consideration the facts and circumstances o{'the case and the submissions made by the respective parties, without expressing any view on the merits of the case, the petitioners/accused Nos. l and 3 are directed to appear betbre the lnvestigating Oftlcer, on or befbre 19. 12. 2025, and on such appearance, the Investigating Officer is entitled to issue notice under Section 4l-A of the Cr. P. C. /Section 35(3) of the 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 hirn, to the [nvestigating Officer. 8. If the petitioners fails 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.

21zot+1 I scc 273 I Miscellaneous applications, pending if any, shall stand closed SD/. K. MADHAVI ASSISTANT REGISTRAR iv //TRUE COPY/ SECTION OFFICER To 1. The ll Additional Judicial First class Magistrate at wanaparthy. Station, Wanaparthy District. Z. fne Station House Officer, Chinnambavi Police g. t*o CCs to the Public Prosecutor, High court for the state of Telangana, at lourl 'snt. to bHnnGAVAKRISHNA. L, Advocate [oPUC] Two CD Copies pr U. / -a ,f 5i" HIGH COURT JSR, J DATED: 1111212025 t I ! :' \' <( o (_) ,;i;:1 ORDER * -k :'- CRLP. No. 16491 of 2025 DISPOSING OF THE CRL. PETITION 1/ \

Source: High Court for State of Telangana. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.