IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO

CRIMINAL PETITION No.16965 of 2025

Date: 17.12.2025

Between:

Pothireddy Ramireddy

...Petitioner

AND

The State of Telangana,

Represented by Public Prosecutor,

High Court, Hyderabad and another.

...Respondents

ORDER

This Criminal Petition is filed seeking to quash

the proceedings in Crime No.91 of 2025, on the file of the Station House Officer, PS EOW Cyb (Cyberabad), wherein the petitioner was arrayed as sole accused, for the offences punishable under Sections 316(2), 318(4)

and 316(5), of the Bharatiya Nyaya Sanhitha, 2023.

2. Heard Ms.V.L.Madhavi, learned counsel representing Mr.S.Nagesh Reddy, learned counsel for

the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent No.1-State.

3. Learned counsel for the petitioner submitted that the petitioner has not committed any offence and has been falsely implicated in the present case. The essential ingredients of the offences under Section 316(2), 318(4) and 316(5), of the BNS do not attract and the offences are purely civil in nature as they are arising out of in respect of partnership firm disputes. Hence, continuation of proceedings against the petitioner is a clear abuse of process of law.

Per contra

4. , learned Additional Public Prosecutor submitted that, as the punishment prescribed for the offences alleged against the petitioner is less than seven years, a notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita has been issued to petitioner and pursuant to which the petitioner submitted his explanation. Therefore, the petitioner is not entitled to seek quashment of proceedings at this stage.

5. Having considered the rival submissions made by the respective parties and upon perusal of the material available on record, it is evident that the punishment prescribed for the offences alleged against the petitioner is less than seven (07) years. It is further observed that the Investigating Officer has already issued a notice to the petitioner, pursuant to which the petitioner submitted his reply/explanation to the Investigating Officer. In view of the same, the Investigating Officer is directed to scrupulously follow the procedure contemplated under Section 35(3) of the BNSS and the guidelines issued by the Hon’ble Apex Court in Arnesh Kumar Vs. State of Bihar, 1(2014) 8 SCC 273 and conclude the investigation.

6. With the above directions, the Criminal Petition is disposed of.

Miscellaneous applications, pending if any, shall stand closed.

_____________________

J.SREENIVAS RAO, J Date: 17.12.2025 NIT