kasari Sai Roopesh Vs The State of Telangana — Cheating and Forgery | Telangana HC (2025)

kasari Sai Roopesh Vs The State of Telangana — Cheating and Forgery | Telangana HC (2025)

What the court decided

AI extract

Outcome

The petitioner was directed to appear before the Investigating Officer on or before 16.10.2025 between 11:00 a.m. and 05:00 p.m.; the Investigating Officer was directed to follow Section 35(3) BNSS procedure (previously Section 41-A Cr.P.C.) and the Arnesh Kumar guidelines, and to consider the information/documents furnished by the petitioner before filing the appropriate report before the learned Magistrate. The Criminal Petition was disposed of and miscellaneous applications, if any pending, stand closed.

Issue for consideration

Whether the petitioner/accused in Crime No. 1000 of 2025 of Raidurgam Police Station, Cyberabad, facing offences under Sections 74, 318(4), 115(2) and 351(2) of the BNS whose prescribed punishment is less than seven years, should be directed to appear before the Investigating Officer rather than be arrested. +1 more

Court's answer

Since the punishment prescribed for the offences alleged against the petitioner is less than seven (07) years, the Court, without going into the merits of the case, deemed it appropriate to direct the petitioner to appear before the Investigating Officer on or before 16.10.2025.

Ratio / Principle

The petitioner's appearance before the Investigating Officer is to take place between 11:00 a.m. and 05:00 p.m.

Key takeaways

The Investigating Officer is directed to follow, scrupulously, the procedure laid down under Section 35(3) of BNSS (previously Section 41-A of Cr.P.C.) and the guidelines formulated by the Hon'ble Supreme Court in Arnesh Kumar v. State of Bihar.ratio¶24
The petitioner shall submit his defence and co-operate with the Investigating Officer as and when required, furnishing information and producing all relevant documents/materials required for the purpose of the investigation, and the Investigating Officer shall consider the same before filing the appropriate report before the learned Magistrate concerned.ratio¶24

Detailed headnote1 paragraphs

High Court for the State of Telangana at Hyderabad, Criminal Petition No. 12580 of 2025, decided 09.10.2025 by the Hon'ble Smt. Justice K. Sujana (sole judge). Kasari Sai Roopesh (petitioner/accused), represented by Sri Y. Akhil Goud, filed this petition under Section 482 (captioned as Cr.P.C.; described in the order as Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS)) seeking a direction that the respondent police not arrest him in connection with Crime No. 1000 of 2025 of Raidurgam Police Station, Cyberabad Commissionerate, registered for offences punishable under Sections 74, 318(4), 115(2) and 351(2) of the BNS (respondent No. 1: State of Telangana, represented by Additional Public Prosecutor Sri Arun Kumar Doddla; respondent No. 2/complainant: Namburi Anusha, none appeared). Without going into the merits, and since the punishment prescribed for the alleged offences is less than seven (07) years, the Court directed the petitioner to appear before the Investigating Officer on or before 16.10.2025, between 11:00 a.m. and 05:00 p.m. The Investigating Officer was directed to scrupulously follow the procedure laid down under Section 35(3) of BNSS (previously Section 41-A of Cr.P.C.) and the guidelines formulated by the Hon'ble Supreme Court in Arnesh Kumar v. State of Bihar. The petitioner was to submit his defence and co-operate with the Investigating Officer by furnishing information and relevant documents/materials, which the Investigating Officer was to consider before filing the appropriate report before the learned Magistrate concerned. The Criminal Petition was accordingly disposed of, and pending miscellaneous applications stood closed.

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

THURSDAY. THE NINTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HON'BLE SMT. JUSTICE K. SUJANA

CRIMINAL PETITION NO: 12580 OF 202 5

Between:

kasari Sai Roopesh, S/o. Kasarr Ramesh, Age: 36 years, Occ: business, R/o_g-4544124, B Shankarial Nagar, Erragadda, Hyderabad 500018. Aadhaar card no. 3492 8076 8687

...Petitioner/Accused

AND

The State of Telangana. rep. by its Public prosecutor, High Court of Telangana, Hyderabad

Namburi Anusha, D/o Arun Kumar, Age: 37 years, Occ: private Employee, R/o Flat No. G3, SSV Yadadri Towers, Nizampet, Medchal-f\Ialkajgiri District. ...Respondents/Complainant

Petition under Section 482 of Cr. P C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased t! direct the Respondent Police not to arrest the petitionerlAccused in connection with Crime No.1 000 of 2025 of Raidurgam police Station, Cyberabad, registered for the offences punishable under Sections 74,318(4), 115(2), and 351(2) of the Bharatiya Nyaya Sanhita, subject to such terms and conditions as this Hon'ble Court may deem fit and proper.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri y. Akhil Goud, Advocate for the Petrtioner and the Sri Arun Kumar Doddla, Adct-rtional Public Prosecutor on behalf of the Respondent No.1 and None Appeared for the Respondent No.2,

The Court made the following: ORDER

THE HONOURABLE SMT. JUSTICE K. Sil rJANA

CRIMINAL PETITION No.1258O of 2( 25

ORDER:

This Criminal Petition is filed under Se :tion 482 of Bharatiya Nagarik Suraksha Sanhita, 2oll i (for short tsNSS) seeking to direct the respondent : rlice not to arrest the petitioner/ accused in Crime No.^l )00 of 2025 of Raidurgam Police Station, Cyberabad Commissionerate, registered for the offence s punishable under Sections 74,318(4), 115(2) and 351(2) )f the BNS.

Heard Sri Y. Akhil Goud, learned counr; :1 appearing on behalf of the petitioner as well as Sri r run Kumar Doddla, leaned Additional Public prosecut: - appearing on behalf of the respondent No.1 - State.

Without going into the merits of the cas e, since the punishment prescribed for the offences a1i : 1ed against the petitioner are less than seven (07) year.r; this Court deems it appropriate to direct the petitionc to appear before the Investigating Officer on or before 16.10.2025

2

/-l

between 11:00 a.m. and^{O5:00 p.m. and} in^{turn, the} Investlgating Ofhcer is directed to follow^{the procedure} Iaid down under Section 35 (3) of BNSS^(previously Section 4l-A of Cr.P.C.) ancl also the^guidelines lormulated by the Hon'b1e Supreme Court in^Arnesh Kumar a. State oJ Bihart scrupulously.^{However, the} petitioner shall submit his defense and^co-operate '"r'ith the Investigating Ofhcer as and^{when required by} furnishing information and^produce all^relevant documents/materia-l required for the^purpose of^the investigation and the Investigating Officer shall^consider the same before filing appropriate^{report before the}

learned Magistrate concerned.

Accordingly, the Criminal Petition is^disposedof.

Miscellaneous applications, il any^{pending,shall}

also stand closed.

SO/- U.SUDHA ASSISTANTREGISTRAR

//TRUE COPY//

SECTION OFFICER

To, 1. The xlll Additional^{Judicial Magiskateof First class,Ranga ReddyDistrict at} Rajendranagar.

z'tnestationuouseofficer'RaidurgamPoliceStation,cyberabadDistrict. 3. Two CCs to the^{Public Prosecutor, High Court for the State of Telanganaat} Hyderabad. IOUTI

One^CC to Sri^{Y. AkhilGoud,Advocate} [OPUC]

Two^{CD CoPies}

Kam/PSL s,

HIGH COURT

DATED:0911012025

ORDER

CRLP.No.12580 of 2025

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DISPOSlNG OF THE CRIMINAL PETITION

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