Jakkula Laxmi, Vs The State of Telangana — Telangana HC (2025) — LawSathi Research

Jakkula Laxmi, Vs The State of Telangana — Telangana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No quashing on merits. Directions issued: petitioners/accused Nos.1 & 2 to appear before the Investigating Officer on or before 26.11.2025 between 11:00 a.m. and 05:00 p.m.; Investigating Officer to follow the Section 35(3) BNSS procedure (previously Section 41-A CrPC, 1973) and the Arnesh Kumar guidelines scrupulously; accused Nos.1 to 3 to submit their defence, co-operate, furnish information/documents, and investigation to be completed strictly in accordance with law; pending miscellaneous petitions closed.

Issue for consideration

Whether the proceedings in Crime/FIR No.230 of 2025 (P.S. Velgatoor, Jagitial District) against petitioners/accused Nos.1, 2 & 3 should be quashed under Section 528 BNSS. +1 more

Court's answer

The Court did not decide the quashing prayer on merits (expressly 'without going into the merits'), taking note that accused No.3 had already been taken into custody by the Police.

Ratio / Principle

Petitioners/accused Nos.1 & 2 were directed to appear before the Investigating Officer on or before 26.11.2025 between 11:00 a.m. and 05:00 p.m.

Key takeaways

The Investigating Officer was directed to follow the procedure laid down under Section 35(3) of the BNSS (previously Section 41-A of Criminal Procedure Code, 1973) and the guidelines in Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273, scrupulously.ratio¶24
Petitioners/accused Nos.1 to 3 shall submit their defence, co-operate with the Investigating Officer as and when required by furnishing information and producing relevant documents/material, and the Investigating Officer shall consider the same and complete the investigation strictly in accordance with law.ratio¶30
The Criminal Petition was disposed of accordingly, and as a sequel pending miscellaneous petitions stand closed.

Detailed headnote1 paragraphs

High Court for the State of Telangana at Hyderabad (Tirumala Devi Eada, J.; decided 06.11.2025): Criminal Petition No.14329 of 2025 under Section 528 BNSS sought quashing of Crime/FIR No.230 of 2025 of P.S. Velgatoor, Jagitial District, registered for offences punishable under Section 292 read with 3(5) of BNS, 2023 and Section 3(1)(r)(s) of SCs/STs (POA) Act, 1989 as amended in 2015. With accused No.3 already in police custody, and the petitioner's counsel restricting the prayer to a Section 35(3) BNSS direction, the Court, without going into the merits, directed petitioners/accused Nos.1 & 2 to appear before the Investigating Officer on or before 26.11.2025 between 11:00 a.m. and 05:00 p.m.; directed the Investigating Officer to follow the procedure under Section 35(3) BNSS (previously Section 41-A CrPC, 1973) and the Arnesh Kumar v. State of Bihar ((2014) 8 SCC 273) guidelines scrupulously; required accused Nos.1 to 3 to co-operate and furnish information/documents; and required the investigation to be completed strictly in accordance with law. Criminal Petition disposed of; pending miscellaneous petitions closed.

134441

IN THE HIGH COURT^{FORTHE STATE OF TELANGANAAT HYDERABAD} THURSDAY,THE SIXTH DAY^{OF NOVEMBER} TWO THOUSAND AND^TWENTYFIVE PRESENT

THE HONOURABLE SMT JUSTICE^{TIRUMALA DEVI EADA} CRIMINAL PETITION N O:^{14329OF 2025}

Between:

1 Jakkula Laxmi,,^{Wo. Mallaiah' Aged about 65 years, Occ Housewife'R/o'} Qtr. No.D-424,^{Gandhinagar, Godavarikhani, Peddapalli District}

Sakinala Jamuna^{Rani,, Wo. Srinivas,Aged about 43 years, OccHousewife'} R/o. Plot No.1'1lA, Road^{No.1, Arivillu Township,Patelguda,Ameenpur} Mandal, SangareddY District

Sakinala Srinivas,,^{S/o. Mondaiah,Aged about 47 years, Occ Pvt'Employee'} R/o. Plot No.11/A, Road^{No.1, Arivillu Township,Patelguda,Ameenpur} Mandal, SangareddY District

...PETITIONER/ACCUSED^{NOS.1'2 & 3}

AND

1 The State of Telangana,,^{Represented by its Public Prosecutor, High Court for} the state of Telangana^{at Hyderabad.}

2 Aarla @ ChilukaltVijayalaxmi,,^{Wo. Pochaiah,Aged about 55 years,Occ.} Housewife, R/o. Dharmaram^{VillageAND Mandal, Peddapalli District'} ...RESPONDENTS/DEFACTO^COMPLAINANTS

Petition under Section 528^{of BNSS,2023 prayingthat inthe} circumstances stated^{in the Memorandumof Grounds of criminalPetition, the} High court may be^{pleased to call for the records pertainingto FIR No.230 of} ZiZS on the file of^{P-S.Velgatoor, Jagitial District and quash} $e^same';

t.A. NO: 1 OF 2025

Petition under Section 528^{ofBNSS, 2023prayingthat inthe} circumstances statedⁱⁿ the^{Memorandumof Grounds of criminal Petition,the} High court may be^{pleased to stay all further proceedingsin FIR No 230 of 2025} on-tne fil" of^p.S. Velgatoor,^{JagitialDistrictincluding the arrest of the Petitioners} / Accused Nos.'1 , 2 and 3,;

ThisPetitioncomingonforhearing,uponperusingtheMemorandum^of Grounds of Criminal^{Petiti6n andupon hearing the argumentsof Sri Y A9HOK} RAJ ,Advocate for^{the Petitioners and Sri JithenderRaoVeeramalla, Addl.Public} Prosecutor on behalf of^{the RespondentNo. 1 and noneappearfor the} Respondent No.2; The Court made the^{following: ORDER}

THE HON'BLE SMT. JUSTICE TIRUMALA Erl:Vl EADA CRIMINAL PETITI ON No.14329 oI 20,-5

ORDER:

This Criminal Petition is filed under Section { 28 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNti i') seeking the Court to quash the proceedings against the pri tioners/accused Nos.1, 2 & 3 in Crime No.230 of 2025, on the file o, /elgatoor police Station, Jagitial District, registered for the offences p.rnishable under Section 292 read with 3(5) of BNS, 2023 and Sec ion 3(1)(r)(s) of SCs/STs (POA) Act, 1989 as amended in2015.

Heard Sri Y.Ashok Raj, learned co, nsel for the petitioners/accused Nos.1 , 2 & 3 as well as rl i Jitender Rao Veeramalla, the learned Additional Public Prosecr I rr appearing for the respondent No.1-State. "r

Learned counsel for the petitioner has restricted his submission stating that a direction be issued to the Police to follow the procedure prescribed under Section 35 (3) of 13 raratiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS'). 11 rwever, learned petitioner's counsel submits that petitioner No.3,'i ccused No.3 is already taken into custody by the Police.

2

ETD, J Crlp 14329 2025

On the other hand, the learned Additional Public Prosecutor submitted that the punishment prescribed for the offences alleged against the petitioners is less than seven (07) years and has sought for directions to the Police to proceed with investigation by issuing notice under Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short^'BNSS').

Perused the record. The allegations leveled against^the petitioners pertain to the offences under Section 292 tead with 3(5) of BNS, 2023 and Section 3(t)(r)(s) of SCs/STs^{(POA)Act, 1989 as} amended in 2015, which attracts^punishment of^{less thanseven} years. Since accused No.3 is already taken into custody by the Police, hence, without^going into the merits of the^{case, this Court} deems it appropriate to direct the^{petitioners/accused} Nos.1^{& 2 to} appear before the lnvestigating Officer on or^{before26.11.2025} between^'l 1:00 a.m. and 05:00^p.m. and^{in turn, the lnvestigating} Officer is directed to follow^{the procedure laid down under Section35} (3) of the BNSS (previously Section 41-A of Criminal Procedure Code,^'1973) and also the^{guidelines formulatedby the Hon'ble} Supreme Court of^lndia in^{Arnesh Kumarv. State of Biharl}

\

'^{(2014) 8 scc 273}

-_'-------/

3

ETD, J Crlp 14329 2025

scrupulously. However, the petitioners/accused Nc,l . i to 3 shall submit their defense and co-operate with the rnvestigz ting officer as and when required by furnishing information anc producing all relevant documents/materiar required for the purpose r f investigation and the Investigating Officer shall consider the same and complete the investigation stricfly in accordance with law.

6 Accordingly, the Criminal petition is disposed ol

7 As a sequel, miscellaneous petitions pendinry if any, shall

stand closed

SD/-T. S RINIVASA REODY ASqr! ;^.ANT REGI

,,

//TRUE COPY//

ECTION OFFICER J

To,

'1 . The Judicial Frrst Class Magistrate, Dharmapuri

The Station House^Off icer, Velgatoor^{P S., JagitialDistrir:'}

One CC to SRl.^Y ASHOK^{RAJ Advocate} [OPUC] 4. Two CCs to PUBLIC PROSECUTOR.^{High Court at Hydr: abad (OUT)}

Two CD Copies

VSM/PSL

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HIGH COURT

DATED:06 t11t2OZs

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ORDER

CRLP.No.14329 of 202i

DISPOSING OF THE CRIMINAL PETITIOh

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