IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO CRIMINAL PETITION No.16165 of 2025 Date: 08.12.2025 Between:

Kondapally Ramulu ...Petitioner AND The State of Telangana, Represented by its Public Prosecutor, Raidurgam Police Station, Cyberabad, High Court of TS, Hyderabad and another ...Respondents

Order

This Criminal Petition is filed seeking to quash the proceedings in FIR No.1243 of 2025, on the file of the Raidurgam Police Station, Ranga Reddy District, wherein the petitioner was arrayed as accused No.6, for the offences punishable under Sections 329 (3) and 324 (4) of the Bharatiya Nyaya Sanhitha, 2023 (for short ‘BNS’).

2. Heard Mr.Vijay Bhaskar Kakunoor.B, 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 submits that the petitioner has not committed the offences and has been falsely implicated in the present crime. Even according to the allegations made in the complaint, the issues pertain purely to open plots, and the allegations are civil in nature. Hence, continuation of the proceedings against the petitioner is a clear abuse of the process of law.

4. Learned Additional Public Prosecutor submitted that there are specific allegations against the petitioner to attract the ingredients of Sections 329 (3) and 324 (4) of BNS. Whether the petitioner has committed the offences or not has to be revealed during the course of investigation. He further submits that the Investigating Officer has already issued notice under Section 35 (3) of BNSS to the accused Nos.1, 3 and 4, the Investigating Officer will follow the procedure as contemplated under Section 41-A of the Cr.P.C./Section 35(3) of the BNSS as well as the guidelines formulated by the Hon’ble Apex Court in Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 273

5. Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that the offences levelled against the petitioner is punishable

with an imprisonment of less than seven years. Hence, this Court is of the considered view that the Investigating Officer ought to have followed the procedure as contemplated under Section 41-A of the Cr.P.C./Section 35(3) of the BNSS, and the guidelines formulated by the Hon’ble Apex Court in Arnesh Kumar’s case supra.

6. Taking into consideration the facts and circumstances of the case and the submissions made by the respective parties, without expressing any view on the merits of the case, the petitioner/accused No.6 is directed to appear before Investigating Officer, on or before 19.12.2025, and on such appearance, the Investigating Officer is entitled to issue notice under Section 41-A of Cr.P.C./Section 35(3) of BNSS and follow the guidelines issued by the Apex Court in Arnesh Kumar supra.

7. It is made clear that the petitioner is entitled to submit reply/explanation along with the documents, which are available with them, to the Investigating Officer.

8. If the petitioner fail to appear before the Investigating Officer, within the stipulated time, the Investigating Officer is entitled to take action against him in accordance with law.

9. Subject to the above directions, the Criminal Petition is disposed of.

Miscellaneous applications, pending if any, shall stand closed.

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J.SREENIVAS RAO, J Date: 08.12.2025 Note: Issue CC in three days b/o lk