S. Sai Kumar Vs The State of Telangana — Telangana HC (2025) — LawSathi Research

S. Sai Kumar Vs The State of Telangana — Telangana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of without going into merits; police directed to proceed with investigation in Crime No.77 of 2025 after issuing notice under Section 35(3) of BNSS to the petitioner and following Arnesh Kumar guidelines; petitioner required to submit defence, furnish information/documents and cooperate with the Investigating Officer; pending miscellaneous applications closed.

Issue for consideration

Whether the proceedings against the petitioner in FIR/Crime No.77 of 2025 registered under Section 132 BNS on the file of Abdullapurmet P.S. should be quashed. +1 more

Court's answer

Without going into the merits of the matter, the Court disposed of the criminal petition, directing the police concerned to proceed with the investigation in Crime No.77 of 2025 after issuing notice under Section 35(3) of BNSS (previously Section 41-A of Cr.P.C.) to the petitioner and to follow the guidelines of the Hon'ble Supreme Court in Arnesh Kumar v. State of Bihar.

Ratio / Principle

The petitioner shall submit his defence and co-operate with the Investigating Officer as and when required by furnishing information and producing all relevant documents/material required for the purpose of the investigation, and the Investigating Officer shall consider the same before filing an appropriate report before the learned Magistrate concerned.

Detailed headnote1 paragraphs

Criminal Petition No.1359 of 2025, High Court for the State of Telangana at Hyderabad (order dated 31-01-2025, Honourable Smt Justice Juwadi Sridevi): the petitioner-accused S. Sai Kumar, arrayed in Crime No.77 of 2025 of P.S. Abdullapurmet (Rachakonda) for the offence under Section 132 of BNS 2023, sought quashing of the FIR through a petition under Section 528 of BNSS, supported by I.A. No.2 of 2025 seeking a stay of further proceedings including arrest. During arguments, his counsel instead sought directions that the police proceed with the investigation after issuing a notice under Section 35(3) of Bharatiya Nagarik Suraksha Sanhita (BNSS) (previously Section 41-A of Cr.P.C.). Without going into the merits of the matter, the Court disposed of the petition on those lines, additionally requiring observance of the Supreme Court's guidelines in Arnesh Kumar v. State of Bihar and another, and directing the petitioner to submit his defence and co-operate with the Investigating Officer by furnishing information and relevant documents/material, which the Investigating Officer was to consider before filing an appropriate report before the learned Magistrate concerned. Pending miscellaneous applications, if any, stood closed.

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

FRIDAY, THE THIRTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SMT JUSTICE JUWADI SRIDEVI

CRIMINAL PETITION No: 1359 OF 2025

Between:

S. Sai Kumar, (Shika Sai Goud), S/o. S. Anjaiah, Aged 38 years, Occ. Business, RJo. D. No.1-20, Laskerguda, Anajpur pO:, K.V. Rangareddy District, Telangana State-S01 512

...Petitioner / Accused

AND

The.State of Telangana, (through SHO, Abdullapurmet p.S.) Rep. by itsPublic Prosecutor, High Court of Telangana at Hyderabad

..Respondent / Respondent

The Tahsilr{gr, Age Not Known, Abdullapurmet Mandal, Ranga Reddy District, Telangana State

...Respondent / Defacto Complainant

Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the FIR No.77 of 2025 dated 28.01.2025 registered under Section 132 BNS on the file of Abdullapurmet P.S.

l.A. NO:2 OF 2025

Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal^petition, the High Court may be pleased to stay all further proceedings including arrest in FIR No.77 of 2025 dated 28.01.2025 on the file of Abdullapurmet P.S.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Chennaboina Shravani, Advocate for the Petitioner and Sri Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Respondent No.1 .

The Court made the following Order :

I

I

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HON'BLE SMT.^{JUSTICEJUWADISRIDEVI}

CRIMINAL PETITI ON^{No.'l359 of 2025}

ORDER

Petitioner, who is^{arrayed as accused, in CrimeNo'77 of 2025} of P.S. Abdullapurmet,^{Rachakonda,registered for the offence} under Sectio n 132 of^{BNS, 2023, is seekingto quashthe} proceedings against him.

Heard Ms. Chennaboina^{Shravani,learned counsel for} petitioner and Sri Jithender^{Rao Veeramalla, learnedAddltional} Public Prosecutor appearing^{for the State and perused the record'}

Though this^{petitionis filed for quashing the proceedingsin} the crime, during the^{course of arguments,learned counsel for} petitioner has sought for directions^{to the Policeto proceedwith} investigation by^{issuing notice under Section 35(3) of Bharatiya} Nagarik Suraksha Sanhita^{(BNSS) (Previously Section41-A of} Cr.P.C ).

ln view of the above,^{without going into meritsof the matter,} this criminal^petition is disposed^{of directing the Police concerned to} proceed with the investigation in the above crime^{after issuingnotice} under Section 35(3) of BNSS^{(Previously Section 41-A of Cr.P C.) to} the petitioner and they shall^{also follow the guidelinesof Hon'ble}

2

Supreme Court^{in ArneshKumar v' State of Bihar and anotherl'} However,^{the petitioner shall submithis defense and co-operatewith} the lnvestigating^{Officer as and when required by furnishing} information and^{produce all relevantdocuments/materialrequired for} the^{purposeof the investigationand the lnvestigating Officer shall} considerthesamebeforefilingappropriatereportbeforethelearned Magistrate^concerned

Pending miscellaneous^{applications,if any' shall stand}

closed.

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//TRUE^COPYII

SECTION^OFFICER

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HIGH COURT

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DATED:31 10112025

ORDER

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CRLP.No.1359 of 2025

DISPOSING OF THE CRLP

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