Rapolu 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 2026-04-13. Rapolu Srinivas, 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 MONDAY, THE THIRTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE J SREENIVAS RAO CRIMINAL PETITION NO: 5462 OF 2026 Between: Rapolu Srinivas, S/o llaiah, Age 34 years, Occu Cooli, R/o. Reddy Nayak Colony, Mahabubabad ... PetitionerrAccused No. 1 AND 1. The State of Telangana, Rep by Public Prosecutor, High Court of Telangana, Hyderabad. 2. Sharath Babu Nallapu, S/o. Swamy, Age 36 years, Occu. Business R/o. Khila Warangal, Kareemabad, Warangal, Warangal District. ... 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 proceedings in the Crime No. 434 of 2025, Dated. 28-10-2025, on the file of the lnthizargunz Police Station, District Warangal, Telangana State. l. A.
NO: 2OF 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 the proceedings in the Crime No. 434 of 2025, Daled. 28-10-2025, on the file of the lnthizargunz Police Station, District Warangal, Telangana State. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Ganesh Vaddepally, Counsel representing Sri Sharat Chandra A, Advocate for the Petitioner and Sri Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of Respondent No. 'l and none appeared for the Respondent No. 2. The Court made the following: ORDER ct . 'ir- 'ELANGANA IN THE HIGH COURT FOR THE STATE OF AT HYDERABAD THE HONOURABLE SRT JUSTICE J. SRET i iIVAS RAO CRIMINAL PETITION No. 5162 of 2126 Date: 11. 04. 2026 lletween: Rapolu Srinivas .. Petitione r AND -['he '['elar.
rgana, State of Represented by its Pubtic Prosecutor, I{igh Court ofTelangana and another Respondents ORDER This Criminal Petition is filed seckinr to quash the I I proceedings in Crime No. 434 ol 2025 ol lntl irargr-rnz I)olicc I Station. Warangal, wherein, the petitioner was an i ved as accused I No. I, tor the oflences punishable undcr section. I I t3(4) ol' the 'tsNS') Bharatiya Nyal'a Sanhitha, 2023 (lbr short 2. Heard Mr. Ganesh Vaddepatty, leamed cotrrr: el representing Mr. A. Sharat Chandra, leamed counsel fbr thc petitioner and )rosecutor Mr. V. Jithendar Rao. leamed Additional Public tbr respondent No. 2. 3. l,eamed counsel lor the petitioner sut)rr tted that the petitioncr has not cornmitted thc an1 oflcncc and I s bccn thlscll implicated-ih-the present case. Even accolding to I're allegations made in the complaint, the ingredients of the offences under Sections 3 l8 (4) of BNS are not attracted against the petitioner.
He lurther submitted that the alregations revelled against the petitioner are purely civil in nature in respect of monetary transactions. Respondent No. 2 ought to have approached competent Civil Court and filed suit for recovery of the alleged amount, if any. On the other hand, he filed the present cornplaint by giving criminal colour. He further submitted that the olfences levelled against the petitioner are punishable with imprisonment of less than seven years. The Investigating Olficer, without tollowing the mandatory procedure prescribed under Section 35(3) olthe Bharatiya Nagarik Suraksha Sanhita, 2023 (fbr short 'BNSS') and wirhout following the guidelines formulated by the Hon'ble Supreme Court in Arnesh Kumar Vs. State of Bihut, the principles laid down by the Hon'ble Apex Court in Md. Aslak Alam v. The State of Jharkhand & another (Crl. A. No. 2207 of 2023\ dated 31. 07. 2023, and also the circular issued by this Court in ROC. No. 1399lSOl2023 dated 09. 08.
2023is proceeding t'urther in the matter and the same is contrary to law. '1zor+1t scc zz: Yv- 4. Per contra, the learned Additional Puhlc Prosecutor submitted that therc are specific allegations leve ll tl against the petitioner to attract the ingredients of the atleged o lence that the respondent No. 2 transferred the amount by way ol'I hone Pa1' and that the petitioner received the amount by givinu alse promise' Itespondent No. 2 paid the said amount through Pht'r c [)ay and the ingredients under Section 3 l8(4) ol BNS is not attri t 'cd l lowever' the Investigating Officer, witl lollow the rnandat'r')' procedure prescribed under Section 35(3) ol the BNSS/4 l(A rl'the Cr P C' the guidelines issued by the Apex Court in Arnesh I urnur (supra)' the principles laid down by the Hon'ble Apex Cor. rrr rn Mtl' Asfttk Atam (supra), and also the circular issued bl his Court in I(OC. No. I 399 lSOl2023 dated 09'08. 2023. 5.
Having considered the rival submissions nadc b1' the rcspective parties and after perusal of the rnatcri r available on record. it reveals that the offences levelled againsL the petitioner are punishable with imprisonment of less than ser t I ycars Even according to the learned Additional Public F r rsecutor' the Investigating Officer wants to lotlow the proce( I re llresclibed runder Section 35(3) olthe BNSS, and the guidelint: is-stred b1 the t lon'ble Apex Courl in Arnesh Kumar (supra) tt C Md. Asfok Alam (suprt). In view of the samc, petitioner is entitled to submit his reply by putting forth his grievances by raising all the pleas which are available to him by enclosing all relevant documents -I'he which are in his possession. [nvestigating Officer is further directed to scrupulously follow the due procedure in respect ol petitioner/accused No.
I and also tlre provisions of the BNSS and the guidelines laid down by the Hon'ble Apex Court in Arneslt Kumar supra, and conclude the investigation. 6. Accordingly, the Crirninal pctition is disposed of. Miscellaneous applications, pending il any, shall stand closed. SD/. B. REKHA RANI ASSISTANT REGISTRAR //TRUE COPY// 6 SECTION OFFICER To, 1. The I Additional Judicial First Ctass Magistrate at Warangal 2. The Station House Officer, lnthizargunz Police Station, District Warangal, Telangana State. 3. One CC to SRI SHARAT CHANDRA. \, Advocate IOPUCI 4. Two CCs to PUBLIC PROSECUTOR High Court for the State of Telangana, at Hyderabad [OUT] 5. Two CD Copies ADK/PSL HIGH COURT DATED: 1310412026 S-rAE6|-:--, ra i' \ . \ ,)- ( ? MF I o I rtt t ORDER * + 5S CRLP. No. 5462 of 2O26 DISPOSING OF THE CRLP @,fu*
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