Disposed

Podishetti Shekhar v. State of Telangana

Telangana HC15 Dec 2025CRLP/16693/2025

Case brief

AI extract

What is this about?

Petition to quash FIR under Section 125(a) BNS alleging false implication and counterblast. Court did not quash; directed petitioner to appear before Investigating Officer by a fixed date and held that any notice must follow Section 41-A Cr.P.C./Section 35(3) BNSS and Arnesh Kumar guidelines.

What did the court decide?

Direction to appear before IO by 22.12.2025 with protection of notice procedure under S.41-A Cr.P.C./S.35(3) BNSS and Arnesh Kumar guidelines; no quashing.

Podishetti Shekhar Vs State of Telangana — Quashing and FIR | Telangana HC (2025)

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[³³⁰³ ]

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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MONDAY,THE FIFTEENTH 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: 1669 30F 2025

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Betrveen:

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Podishetti Shekhar, S/o. P. Balaiah, Aged about 59 years, Occ: RTC Driver, Rl/o. H.No.2- 14i5, Plot No.55, Raghavendra Nagar Colony, VTC, Turkayamjal, Ragannaguda X Road, Abdullapurmet, K.V. Ranga Reddy District - 501 510.

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.PETITIONER/ACCUSED

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AND

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

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Mamidala Raiu, S/o. l/arkandeyya, Aged about 30 years, Occ: Driver, Rl/o. Lachapeta, Siddipet Rural, Siddipet District.

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...RESPONDENTS

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Petition under Section 528 of BNSS, praying that in the circumstances stated in the [Vlemorandum of Grounds of Criminal Petition, the High Court may be pleased to quash FIR No.1754 of 2025 on the file of Vanasthalipuram Police Station, Ranga Reddy District, U/s 125(a) BNS, insofar as the Petitioner/Accused is concerned,

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l.A. NO: 2OF 2025

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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 grant interim stay of all further proceedings including arrest of the Petitioner in FIR No.'1754 of 2025 on the file of Vanasthalipuram Police Station, Ranga Reddy District, U/s 125(a) BNS, pending disposal of the above Criminal petition.

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This Petition coming on for hearing, upon perusing he Memorandum of Grounds of criminal Petition and upon hearing the argumr:r ts of sri R Sridhar, Advocate for the Petitioner and of Sri Jithender Rao Veeramalla, Additional Public Prosecl t )r for the State of Telangana on behalf of the Respondent No.1 and None app ) lred for Respondent no.2

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The Court made the following: ORDER

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TN THE HIGH COURT FOR THE STATE OF TELANGANA ATIryDERABAD

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THE HONOURABLE SRI JUSTTCE J.SREENIVAS RAO

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CRIMINAL PETITI ON No.16693 of 2025

Date:, 15.12.2025

Between:

Podisheui Shekhar

...Petitioners

AND

State of Telangana, Rep. by Public Prosecutor, Higtr Court for the State of

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Telangana, Hyderabad and another.

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...Respondents

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Order

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This Criminal Petition is filed seeking to quash the proceedings

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in FIR No.l754 of 2025, on the file of the Vanasthalipuram police Station, Rachakonda, wherein the petitioner. was arrayed as accused, for the offence punishable under Section 125(a) of the Bharatiya Nyaya Sanhitha,2023.

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Heard Mr.R.Sridhar, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public prosecutor for respondent No. 1-State.

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Learned counsel for the petitioner submifted th; t the petitioner has not committed the alleged offences and has been Ib sely implicated in the present crime based on false allegations made by respondent No.2. He further submitted that respondent No. 2 himsel had committed the offences, and the conductor of the vehicle had ir ready lodged a complaint against respondent No.2 on 27.11.2025. Vhile the said complaint ls pending before the Sub-lnspeclc r of Police, Vanasthalipuram, respondent No.2 lodged the present ct mplaint against the petitioner on the very same day, i.e.,27.11.2025, t: a counterblast, Hence, the continuation of proceedings against the peli ioner is a clear abuse ofprocess of law.

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Per contra, leamed Additional Public Prosecut(,r submitted that the offences levelled against the petitioners are^.t rnishable with imprisonment of less than seven years and the Investigzt ng Offrcer will follow the due procedure as contemplated under law.

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Taking into consideration the above submissior ; made by the respective parties and after perusal of the material availal le on record, it reveals that the offences levelled against the petitione- are punishable with imprisonment of less than seven years and the lnves igating Officer ought to have followed the procedure contemplated uncr: Section 4l-A

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of the Cr.P.C./Section 35(3) of the BNSS and guidelines formulated by

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the Hon'ble Apex Court in Arnesh Kamar V* State of Biharr.

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In view of the same, the petitioner/accused is directed to appear

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before the lnvestigating Officer, on or before 22.12.2025, and on such appearance, the Investigating Officer is entitled to issue notice under Section 4l-A of the Cr.P.C./Section 35(3) of the BNSS and follow the

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guidelines issued by the Apex Court in Arnesh Kumar supra.

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7 . It is made clear that the petitioner is entitled to submit

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reply/explanation along with the documents, which are available with him, to the Investigating Officer.

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If the petitioner fails to appear before the Investigating Offrcer, within the stipulated time, the Investigating Officer is entitled to take action against him in accordance with law.

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Subject to the above directions, the Criminal^petition is disposed

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of.

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Miscellaneous appl ications, pendin if an , shall stand closed. - B. REKHA RANI ,@t+) I scc 275 ASSISTANT REGISTRAR 6 //TRUE COPYII SECT]ON OFFICER

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'1. The Vll Additional Metropolitan MagistratJ - "^g! e Cyberabad at Hayathnagarv, vvr uv< ^^{l\4andal, RangaReddy District.}

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z. I hestation House Officer, Vanasthalipuram police Station, Ranga Reddy 3 Iy.9^9-C. to.th.e Public Prosecutor, High court for the state of Tctanaana er

3 ?,XS 33 3;i:.* sndhar, Advocate ropucl pr

HIGH COURT

JSR, J

DATED i 1511212025