Disposed¶51

Kalwa Chandana, v. The State of Telangana

Telangana HC3 Dec 2025CRLP/15960/2025

Case brief

AI extract

What is this about?

Telangana HC; CRLP 15960/2025; S.528 BNSS quash petition; Crime No.2040/2025 Madhapur PS Cyberabad; BNS 316(2), 314(4) r/w 3(5); Section 35(3) BNSS notice; Arnesh Kumar (2014) 8 SCC 273 guidelines; accused No.2 to appear before IO by 12.12.2025; cooperation direction; petition disposed of, not quashed; IA for stay closed.

What did the court decide?

Petition disposed of with directions: petitioner No.2/accused No.2 to appear before the Investigating Officer on or before 12.12.2025; on such appearance the Investigating Officer to scrupulously follow Section 35(3) BNSS procedure and the Arnesh Kumar guidelines; petitioners to cooperate with the investigation, failing which the Investigating Officer may act in accordance with law. Quashal/stay prayers not granted; miscellaneous applications closed. ¶51

Kalwa Chandana, Vs The State of Telangana — Telangana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the proceedings in Crime No. 2040 of 2025 of Madhapur Police Station, Cyberabad (offences punishable under Sections 316(2) and 314(4) r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023) should be quashed against the petitioners/accused Nos. 1 to 4 and 7. +1 more

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Court's answer

With the above directions (and miscellaneous applications standing closed), the Criminal Petition is disposed of; the prayer to quash the FIR proceedings was not granted.

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Ratio / Principle

Petitioner No.2/Accused No.2 is directed to appear before the Investigating Officer on or before 12.12.2025.

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Key takeaways

On such appearance, the Investigating Officer is directed to scrupulously follow the procedure contemplated under Section 35(3) (printed as 'of BNS', i.e. the BNSS provision referred to in submissions) and the guidelines issued by the Apex Court in Arnesh Kumar (supra).ratio¶48
The petitioners shall cooperate with the Investigating Officer, remain available as and when required and provide the information/documents sought; if they fail to cooperate, the Investigating Officer is at liberty to take action against them in accordance with law.ratio¶50

Detailed headnote1 paragraphs

High Court for the State of Telangana at Hyderabad (J. Sreenivas Rao, J.), Criminal Petition No. 15960 of 2025, decided 03-12-2025: Petition under Section 528 BNSS by accused Nos. 1 to 4 and 7 to quash proceedings in Crime No. 2040 of 2025 of Madhapur Police Station, Cyberabad (offences punishable under Sections 316(2) and 314(4) r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023), with I.A. No. 2 of 2025 seeking stay of investigation/arrest — DISPOSED OF with directions: petitioner No.2/accused No.2 to appear before the Investigating Officer on or before 12.12.2025; on such appearance the Investigating Officer to scrupulously follow the procedure under Section 35(3) BNSS and the guidelines in Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273; petitioners to cooperate with the investigation, failing which the Investigating Officer may proceed in accordance with law. Miscellaneous applications closed.

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[³³⁰³ ]

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l I : ) I ! ! I I! III I i ! ! { I I I l

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IN THE HIGH GOURT FOR THE STATE^{OF TELANGANAAT HYDERABAD}

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WEDNESDAY,THE THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE J SREENIVAS^RAO

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CRIMINAL PETITION NO: 15960 OF²⁰²⁵

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Between:

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Kalwa Chandana,, D/o. Kaiwa Anjan^{Kumar, Agedabout 34 years,Occ} Private Employee, R/o. 4-9-6811, Brahmanwadi,^{Near KanyakaParameshwari} Temple, I,4ahabubnagar, Mahabubnagar^District(A-1 )

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Kondapaka Preetham,, S/o. Kondapaka^{Vi.iay Kumar, Aged about 24 years,} Occ. Private Emptoyee, Rl/o.H.No. 10-14-1529,^{Sitaram Nagar,Nizamabad.} (A-2)

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Sunitha Ravulu,, D/o. Ravula Sampath^{Reddy, Agedabout 24 years,Occ} Private Employee, Rl/o. D.No.2-21, Devakkapalli,^{Bejjanki lr/andal, Thotapalle,} Karimnagar District. (A-3)

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Guntuka Tarun,, Sio. Guntuka Vijay^{Kumar,Agedabout 33 years,Occ.} Private Employee, Rl/o. Flat no.526,^{C-Block, AbhiramBlue Heavens,} Gatlavanipalem-, Aganampudi, Gajuwaka^{Mandalam, Pedamadaka,} Visakhapatnam. (A-4)

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Ancha Harikrishna,, S/o.Ancha^{Srinivas,Aged about 25 years, Occ- Private} Employee, R/o. 3-9-447, Reddy Colony,^{Vikas HighSchool,Hanamkonda,} Hanamkonda District A-7

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...PETITIONERS/ACCUSED

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AND

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The State of Telangana,, Rep^{by its Public Prosecutor,High Court for the} State of Telangana at HYderabad.

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Verrapaneni Hari Krishna, S/o.^{V.Renuka,Age aboul 27 years,O-cc.Employee,} Rl/o. H.No.5-34, PC, Palli Mandal, Pc,^{PalliVillage, PrakashamDist}

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...RESPONDENTS/DEFACTO COMPLAINANT

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Petition under Section 528 of BNSS^{prayingthat in the circumstances} stated in the Memorandum of Grounds^{of Criminal Petition,the High Courtmay} be pleased to^quash the^{proceedingsin Crime No. 2O4012025of Madhapur} Police Station, Cyberabad, against^{the petitioners,in the interest of justice.}

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l.A. NO: 2 OF 2025

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Petition under Section 528 of BNSS praying that n the circumstances stated in the lvlemorandum of Grounds of criminal petition ihe High court may be pleased to stay all further investigation including arres rrf the petitioners in Crime No. 204012025 of Madhapur potice Station, Cyber;rbad, and pass such other order or orders as this Hon'ble Court may deem ,it and proper in the circumsta nces of the case.

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This Petition coming on for hearing, upon perusing the [\4emorandum of Grounds of criminal Petition and upon hearing the argunrents of Sri RUDR DESHPANDE, Advocate for the^petitioner and sri Jithender Flao veeramalla, the Additional Public Prosecutor on behalf of the Respondent No.i and none appeared for the Respondent No.2.

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The Court made the following: ORDER

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:,¹

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II[ TIIE fIIGfI COI'R.T FOR. TIIE STATE OF TELANGANA AT HYDEFRAE}AD

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THE I{ON'EBLE SFLI JUSTICE J.SREENT/AS RAO

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CRIMINAL PETITION No.15960 of 2025

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f,)a.te: 03.1-2.2025

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Betu,een:

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Kahva Chanclana and lour others.

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....Petitioners/Accused Nos. I to 4 and 7

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and

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The State of Telangana, rep. by Public Prosecutor, Iligh Court lor the State of Telangana at l{yderabad and another

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Respondents

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ORDER:

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This Crirninal Petition has been filed under Section 528 of the Bharatiya Nagarik Sur.rksha Sanhita, 2023 (for short, 'BNSS') by the petitioners / accused Nos.1 to 4 and 7 seeking to qtrash the proceedings in Crirne No.2O4O of 2025 of Madhapur Police Station, Cyberabad, registered for the offences punishablc under Sections 316 (2) and 314(4) r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short 'the BNS).

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Heard Mr. Rudra Deshpande, learned colrnsel for the petitioners and Mr. V.Jithrender Rao, Additiona,I Public \

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: It I IIt

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Prosecutor, appearing on behall^{of respondenl l\o. IState}

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Learned counsel for the^{petitionerssrrllrnitted that} the offences levelled against^{Lhc petitionersarr) pr-rnish:rble} with imprisonmellt belou- seveu.years^{anci tht: tnvcstigating} Olficer without follou'ing the^{procedureas contemplated} under Scction 35(3) of the^{BNSS and also-L.e guidclines} issued b1, the Apcx Court in^{Arnesh l(urnar Vs' State of} Biharl, proceccled wtth^t he investigation^{an'l the samc is} contrary to law.

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Per contra, lcarned Addition:rl^{-l)ul'lrrProsccutor} subrnittecl that except petitioncr^{No-2/erccus':d No'2, the} other pctitioners werc alrezrdy^{issr-red tlotice:b1'the} Investigating Offrcer under SecLion^{35(3) ol theBNSSon} L7 .11 .2025, ancl the Investigating^{Officerr11 foilou' the} procedure against petitioner^No-2also.

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Having considered tlre rival subrnissior^{s made by the} respective parties and after^{perusal of ihemateria-l} available on record, petitioner^{No.2/accr'sed No'2is} directed to appear before the^{Investigating'3fficer o11 or} before 12.12.2025. On such^{appearance o1 r-Lre petitioner}

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1 2014) 8{CC 273

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No.2/accused No.2, the Investigating^{Officeris directedto} scrupulously follorv the procedure conterrPlated under Section 35(3) of BNS and the guideiines issued by the^Apex Corrrt in Arnesh I{urnar supra-

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It is made clear that thc petitioners sha11 cooperate with the Investigating Olhcer for the investigation and rnake themselves available to hirrr as and when required and also provide the information/docttments as^{soLtght by} him to concludc thc invesligution.

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if the peti troners fail to cooperate with the Inve stigating Officer for invcstigation, the Invcstigating Officer is at liberty to take action against tLrern 1n accorda-nce with law

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A. Accordingly, the Criminal Petition is disposed of.

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Miscellaneous applications, pending if any, shall

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stand closed

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SD/. K. SAI KUMARI EPUTY REGISTRAR

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//TRUE COPY//

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