Takur Mahind Singh @ Thakur Mahender singh Vs The… — Cheating and Forgery | Telangana HC (2025)

Takur Mahind Singh @ Thakur Mahender singh Vs The… — Cheating and Forgery | Telangana HC (2025)

What the court decided

AI extract

Outcome

Criminal Petition disposed of without examining merits: petitioner to appear before the Investigating Officer on or before 24.11.2025 (11:00 a.m.-05:00 p.m.); Investigating Officer to follow Section 35(3) BNSS (formerly Section 41-A CrPC) procedure and the Arnesh Kumar v. State of Bihar guidelines scrupulously; petitioner to co-operate and furnish documents; investigation to be completed strictly in accordance with law; miscellaneous petitions pending, if any, stand closed.

Issue for consideration

Whether the proceedings in FIR No. 354 of 2025 of P.S. Karimnagar-III Town against the petitioner/accused no. 3 should be quashed (petition filed under Section 528 BNSS). +1 more

Court's answer

The Court did not go into the merits of the quashing prayer; it disposed of the Criminal Petition by issuing investigative directions instead of adjudicating or permitting arrest.

Ratio / Principle

The punishment prescribed for the alleged offences under Sections 318(4) r/w 3(5) BNS against the petitioner is less than seven (07) years, which informed the Court's choice of notice-based handling.

Key takeaways

The petitioner was directed to appear before the Investigating Officer on or before 24.11.2025 between 11:00 a.m. and 05:00 p.m., and the Investigating Officer was directed to follow the procedure laid down under Section 35(3) of the BNSS (previously Section 41-A of the Criminal Procedure Code, 1973).ratio¶31
The Investigating Officer is to follow the guidelines formulated by the Supreme Court in Arnesh Kumar v. State of Bihar scrupulously.ratio¶31
The petitioner shall submit his defence, co-operate with the Investigating Officer, and furnish information and produce all relevant documents/material for the investigation; the Investigating Officer shall consider the same and complete the investigation strictly in accordance with law.

Detailed headnote1 paragraphs

Telangana High Court (Tirumala Devi Eada, J.), Criminal Petition No. 14167 of 2025, decided 03-11-2025: Takur Mahind Singh @ Thakur Mahender singh (accused no. 3) sought quashing of proceedings in FIR No. 354 of 2025 dated 12.09.2025 of P.S. Karimnagar-III Town, registered for alleged offences punishable under Sections 318(4) r/w 3(5) BNS 2023, via a Section 528 BNSS petition (with I.A. Nos. 2 and 3 of 2025 seeking no-arrest protection and stay). Without going into the merits - the prescribed punishment being less than seven (07) years - the Court disposed of the petition by directing the petitioner to appear before the Investigating Officer on or before 24.11.2025 between 11:00 a.m. and 05:00 p.m.; the Investigating Officer is to follow the Section 35(3) BNSS (previously Section 41-A CrPC) notice procedure and the guidelines formulated by the Supreme Court in Arnesh Kumar v. State of Bihar (citation printed as '(2014)3 scc213') scrupulously; the petitioner is to co-operate, furnish information and produce relevant documents, and the investigation is to be completed strictly in accordance with law. Miscellaneous petitions pending, if any, stand closed.

134441

IN THE HIGH COURT FOR THE STATE OF TELANGANA

MONDAY,THE THIRD DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SMT JUSTICE TIRUMALA DEVI EADA

CRIMINAL PETITION NO: 14167 OF 2025

Between:

1 Takur Mahind Singh @ Thakur Mahender singh, S/o Narsingh bhansingh. Age - 47 years, OCC - Business R/o - 7-2-35, Rajputh street, Hanmakonda Warangal, Telangana

..PETTTTONER/ACCUSED(S)

AND

The State of Telangana, Rep by Public Prosecutor High court of Telangana.

The Commissioner of police. Karimnagar Karimnagar Commissionerate.

The S.H.O.,, P.S.Karrmnagar- lll town, Kanmnagar District.

Suddala Ramesh, S/o- Parsharamulu. Aged- 33 years. Occ- Pnvate job, R/oKishan nagar, Karimnagar. Telangana

...RESPONDENT/COMPLAINANTS

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 proceedrngs rn FIR No 354 of 2025 dated- 12.09.2025 on the file of P.S.Karimnagar- lll town, Karimnagar District, Telangana State, against the Petitioner/Accused no.3 and pass such other and further orders as this court deem fit and proper in the cirucumstances of the case

l.A. NO: 2OF 2025

Petition under Section 528 of BNSS praytng that in the circumstances stated in the Memorandum of Grounds of Criminal Petition.the Htgh Court may be pleased to direct the police not to arrest the petrtroner in FIR No. 354 ol 2025 dated- 12.09.2025 on the file of P.S.Karimnagar- lll town Karimnagar Distrrct, Telangana State, against the Petitioner/Accused no.3 till the disposal of the main Ouash Petition in the interest of the justice and pass such other and further orders as this court deem fit and proper in the cirucumstances of the case.

l.A. NO: 3 OF 202s

Petition under Section 529 of BNSS praying that I the circumstances stated rn the Memorandum of Grounds of criminir ietitron the nign couri may 9:^{pf"l:9qto granr stay of alt further proceedings in FtR} N; 354 oi 2025 d^red'_ 12 09.2025 on the frte of p_S Kaiimn"grr-^"_lll town, I arimnagar Drstrict, Telangana State against the petitioner/A6cused no 3, til :he Oisiosal of tne main Quash Petitron in the interest of the justice and pass

This Petition coming on for hearing, upon perusing tre Memorandum of Grounds of crimrnar^petition and upon hearing the argum: rts of sri pAGTLLA JAYANTHT ,Advocate for the petitioner and sri. Jrthender Iao veeramala the Additional Public Prosecutor (TG) on behalf of the Reslt )ndent No. and of Sri_Advocate for the Respondent No. 1 to 3.

The Court made the foltowing: ORDER

THE HON^,BLE SMT. JUSTICE TIRUMALA DEVIEADA c RIM INALPETITI ON No.1 4167ot 2025

ORDER.

This Criminal petition is filed under Section S28 Bharatiya Nagarik Suraksha Sanhita, 2023 gor short .BNSS,) by tne petitioner/accused No.3 seeking to quash the proceedings against him in Crime No.354 of 202|on the file of Karimnagar_lll Town^police Station, Karimnagar District, registered for the alleged offences punishable under Sections 3lg (4) rlw. 3 (5) of Bharaliya Nyaya Sanhita ,2023 gorshort ,BNS,)

Heard Mr.p.Sudarshan, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional public Prosecutor appearing for the respondent Nos.1 to 3.

Though this petition is filed for quashing the proceedings in the crime, during the course of arguments, learned counsel for petitioner has sought for directions to the porice to proceed with investigation by issuing notice under Section 35(3) of BNSS (Previously Section 41_A of Cr.p.C )

same

2

trl D. J ( rl.P 1J l6? 2025

5 Considering the submissions of both the c) rnsel and on perusal of the material available on record, it is^,een that the allegations^{are under Sections 318 (4) r/w. 3 (5) cf BNS} and the punishment^prescribed for the said offences alleg 3 i against the petitioner is less than seven (07) years. Hence, witlr lut going into the merits^{of the case, this} Court deems^{it approl)iate} to^direct the^petitioner to^appear before the^{lnvestigating} )fficer on or betore 24.11.2025 between 11:00 a.m. and 05:0)^p.m andⁱⁿ turn, the^{lnvestigating Officer is} directed to^{followt re procedure} laid down under Section 35⁽³⁾ of the BNSS^(prevr lusly section 41-A ol Criminal Procedure Code, 1973) and also t re^guidelines formulated by the Hon'ble Supreme Court of lncli r in Arnesh Kumar v. Sfate of Biharl scrupulously. However, he^petitioner shall submit^his defense and co-operate with the lnvestigating Officer as and when required by furnishing inf:'mation and produce all relevant documents/material required fcr the purpose of the investigation and the lnvestigating Officer sha I consider the same and shall complete the investigation strictly ir accordance

with law

'^{(20t4)3 scc213}

3

I: ID- J Crl.P 1.1 167 l02r

With the above said observations, this Criminal^petition is

disposed of

7 As a sequel, the miscellaneous petitions pending, if any,

shall stand closed.

SD/- MOHD. ISMAIL DEPUTY REGISTRAR

//TRUE COPY//

ECTION OFFICER

To,

The Commissioner of police, Karimnagar, Karimnagar Commissionerate.

The S.H.O.,, P S.Karimnagar- lll town, Karimnagar District.

Suddala Ramesh, S/o- Parsharamulu, Aged- 33 years Occ- Private job, R/oKishan nagar, Karimnagar, Telangana

One CC to SRl. PAGILLA JAYANTHI Advocate [OPUC]

5 One CC to SRl. PUBLIC PROSECUTOR Advocate [OPUC]

Two CD Copies

PK\PSt-

HIGH COURT

DATED:03111t2025

DISPOSED OFF

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CRLP.No.14167 ot 2025

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