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2025 Supreme(Online)(Tel) 61041

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE J SREENIVAS RAO
Alabadri Lingaiah – Appellant
Versus
The State of Telangana – Respondent


IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO CRIMINAL PETITION No.16170 of 2025 Date: 08.12.2025 Between:

Alabadri Lingaiah and eight others ...Petitioners AND The State of Telangana, Represented by the Public Prosecutor, High Court of Telangana, at Hyderabad and another ...Respondents

Order

This Criminal Petition is filed seeking to quash the proceedings in FIR No.434 of 2025, on the file of the Khammam III- Town Police Station, Khammam District, wherein the petitioners were arrayed as accused Nos.1 to 9, for the offences punishable under Sections 318 (4) and 316 (2) r/w. 3 (5) of the Bharatiya Nyaya Sanhitha, 2023 (for short ‘BNS’).

2. Heard Mr.Chatla Madhu, learned counsel for the petitioners and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent No.1-State.

3. Learned counsel for the petitioners submits that offences levelled against the petitioners are punishable with an imprisonment of less than seven years. However, the Investigating Officer, without following the procedure contemplated under Section 41-A of Cr.P.C./Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS

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