Disposed

Shaik Janimiya v. The State of Telangana

Telangana HC11 Nov 2025CRLP/14563/2025

Case brief

AI extract

What is this about?

Petition under Section 528 BNSS for quashing FIR involving offences punishable with less than seven years and SC/ST Atrocities Act. Court disposed of petition by directing accused to appear before IO and for IO to follow Section 35(3) BNSS and Arnesh Kumar guidelines.

What did the court decide?

Directing accused to appear before IO and IO to follow Section 35(3) BNSS procedures.

Shaik Janimiya Vs The State of Telangana — Caste Atrocities | Telangana HC (2025)

¶1

134441

¶2

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

¶3

TUESDAY,THE ELEVENTH DAY OF NOVEIVIBER TWO THOUSAND AND TWENTY FIVE

¶4

PRESENT

¶5

THE HONOURABLE SMT JUSTICE TIRUMALA DEVI EADA

¶6

CRIMINAL PETITION NO: 14563 OF 2025

¶7

Between:

¶8

Shaik Janimiya, S/o Shaik Madar Hussain, aged about 63 years, Occ Agriculture,

¶9

Shaik Rahimunnisa, Wo. Shaik Janimiya, aged about 58 years, Occ Housewife,

¶10

J Shaik Hussain, S/o, Shaik Janimiya, aged about 26 years, Occ . Agriculture, All Rl/o. H.No.2-1-66lA20i13, Mamillagadda, Reddy Hostet, Suryapet Town and District - 508 21 3. Telangana State.

¶11

...PETITIONERS/ACCUSED No.1 to 3

¶12

AND

¶13

1 The State of Telangana, Rep by its Public Prosecutor, High Court for the State of Telangana, Hyderabad.

¶14

2 Cherukupally Venkanna, S/o. Lachaiah, aged 59 years, Occ. Farmer, R/o. Pillalamarri Village, Suryapet Mandal and District. Telangana State.

¶15

...RESPONDENTS/COMPLAINANTS

¶16

Petition under Section 528 of BNSS praying that irl the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records relating to F.l.R. No.3'18/2025 of P.S. Suryapet (R) and to quash all further proceedings against the petitioners to meet ends of justice.

¶17

I.A. NO: 1OF 2025

¶18

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 of all further proceedings in Crime No. 3'l8/2025 of Police Station, Suryapet (R) pending disposal of main petition.

¶19

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri KOYA PRABHAKAR REDDY, Advocate for the Petitioner and Sri Jithender Rao Veeramalla, the Additional Public Prosecutor on behalf of the Respondent No.1 and none appeared for the Respondent No.2.

¶20

The Court made the following: ORDER

¶21

¶22

THE HON'BLE SMT. JUSTICE TIRUMALA I)EVI EADA

¶23

CRIMINAL PETITION No.14563 of 2025

¶24

ORDER

¶25

This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (tor short 'BN,SIS') seeking the Court to quash the proceedings against the petitioners/accused Nos.1 to 3 in Crime No.318 of 2025, on the file of fiuryapet (Rural) Police Station, Suryapet District, registered frr the offences punishable under Sections 329(3), 324(4),352,351(12) read with 3(5) of BNS, 2023 and Section 3(1)(r)(s) of the Schecluled Castes and Scheduled Tribes (Prevention of Atrocities) Act

¶26

Heard Sri Koya Prabhakar Reddy, learned :ounsel for the petitionersiaccused Nos. I to 3 as well as S ri Jitender Rao Veeramalla, the learned Additional Public Prosecutor appearing for the respondent No.'l -State.

¶27

Learned counsel for the petltioners has restricted his submission stating that a direction be issued to thr.. Police to follow the procedure prescribed under Section 35 (3) of Ell'raratiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').

¶28

On the other hand, the learned Additional F)ublic Prosecutor submitted that the punishment prescribed for the offences alleged

¶29

¶30

¶31

ETD. J Crlp_I4563 2025

¶32

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').

¶33

Perused the record. The allegations leveled against the petitioners pertain to the offences under Sections 329(3), 324(4), 352, 351(2) read with 3(5) of BNS, 2023 and Section 3(1)(r)(s) of the Scheduled Castes and Scheduled^{Tribes (Prevention of Atrocities)} Act, which attracts^punishment of less than seven^years. Hence, without going into the merits of the case, this Court deems it appropriate to direct the^{petitioners/accusedNos.1} to 3 to^appear before the lnvestigating Officer on or before 02.12.2025 between

¶34

11:00 a.m. and 05:00^p.m. and in turn, the lnvestigating Officer is directed to follow the^procedure laid down under Section 35(3) of BNSS, 2023^(previously Section 41-A of Criminal Procedure Code, 1973) and also the guidelines formulated by the Hon'ble Supreme Court of lndia in Arnesh Kumar v. State of Biharl scrupulously. However, the petitioners/accused Nos.1 to 3 shall submit their defense and co-operate with the lnvestigating Officer as and when

I (2014) 8 scc 273

ETD, J Crlp 14563_2025

¶39

required by furnishing infcrmation and^producing all relevant

¶40

documents/material required for the^purpose of investigation and the lnvestigating Officer shall consider the same anrl complete the

¶41

investigation strictly in accordance with law

¶42

Accordingly, the Criminal Petition is disposed cf

¶43

As a sequel, miscellaneous petitions, pendirtgl if any, shall

¶44

stand closed

¶45

//TRUE COPY//

¶46

. sD/- A.JAYASREE I sSitsTANT REGISTRAR r t._-==__-^-'

¶47

ISECTION^OFFICER

¶48

To,

¶49

The I Addl. Judicial^{Magistrate of FirstClass, Suryapel}

¶50

The Station^{House Officer, Police Station, Suryapet(Rl, SuryapetOi9]1i9!.} g.f*oCCstothePUBL|CPROSECUTOR,HighCourtal'lyderabad'(OUT) a. On" CC to^{SRI KOYA PRABHAKARREDDYAdvocate IOPUCI}

¶51