IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO CRIMINAL PETITION No.16769 of 2025 Date: 15.12.2025 Between:

Gannapureddy Kavitha Reddy ...Petitioner/accused AND The State of Telangana, Represented by its Public Prosecutor, High Court for the State of Telangana at Hyderabad through P.S. Nagole and another ...Respondents

Order

This Criminal Petition is filed seeking to quash the proceedings in Crime No.809 of 2025 on the file of Nagole Police Station, wherein the petitioner was arrayed as accused, for the offences punishable under Sections 316(2) and 318(4) of the Bharatiya Nyaya Sanhitha, 2023 (for short ‘BNS’).

2. Heard Sri Naveen Kumar Miryala, 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 the offences and she has been falsely implicated in the present crime. Even according to the allegations made in the complaint, the ingredients under Sections 316(2), 318(4) of BNS do State of Uttar Pradesh & Anr¹, wherein it was held that both the offences of cheating and criminal breach of trust are independent and distinct and that the two offences cannot co-exist. Hence, the continuation of proceedings against the petitioner is a clear abuse of process of law.

4. Per contra, the learned Additional Public Prosecutor submitted that the offences levelled against the petitioner are punishable with imprisonment of less than seven years, and that the investigating officer will follow the procedure as contemplated under Section 35(3) of the BNSS, as well as the guidelines formulated by the Hon’ble Apex Court in Arnesh Kumar Vs. State of Bihar²

5. Having regard to the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that the offences leveled against the petitioner are punishable with imprisonment below seven years and the Investigating Officer ought to have followed the procedure by issuing notice under Section 41-A of Cr.P.C/Section 35(3) of BNSS.

of cheating and criminal breach of trust are independent and distinct and they cannot go together. However, taking into consideration the peculiar facts and circumstances of the case, the Investigating Officer is directed 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’s case supra. However, it is made clear that the petitioner is entitled to submit reply/explanation along with the documents, which are available with her, to the Investigating Officer. 7. It is made clear that, if the petitioner/accused fails to cooperate with the Investigating Officer for investigation, the Investigating Officer is at liberty to take action against her in accordance with law. 8. With 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: 15.12.2025

Note: Issue CC in three days

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