Gannapureddy Kavitha Vs The State of Telangana — Telangana HC (2025) — LawSathi Research

Gannapureddy Kavitha Vs The State of Telangana — Telangana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Criminal Petition disposed of subject to directions: petitioner/accused to appear before the Investigating Officer on or before 31.12.2025; on appearance, Investigating Officer entitled to issue notice under Section 41-A Cr.P.C./Section 35(3) BNSS following the Arnesh Kumar guidelines; petitioner entitled to submit reply/explanation with documents; on failure to appear, Investigating Officer free to act in accordance with law; miscellaneous applications, if any, stand closed.

Issue for consideration

Whether the proceedings in Crime No.838 of 2025 of P.S. Nagole (offences under Sections 316(2) and 318(4) of the Bharatiya Nyaya Sanhita, 2023, on the file of the I Additional Judicial Magistrate of First Class, Ranga Reddy District at L.B Nagar) ought to be quashed. +1 more

Court's answer

Taking into consideration the facts and circumstances and the submissions of the parties, without expressing any view on the merits, the petitioner/accused is directed to appear before the Investigating Officer on or before 31.12.2025, and on such appearance the Investigating Officer is entitled to issue notice under Section 41-A Cr.P.C. / Section 35(3) BNSS and follow the guidelines issued by the Apex Court in Arnesh Kumar (supra).

Ratio / Principle

It is made clear that the petitioner is entitled to submit a reply/explanation along with documents available to the Investigating Officer.

Key takeaways

If the petitioner fails to appear before the Investigating Officer within the stipulated time, the Investigating Officer is at liberty to take action against them in accordance with law.ratio¶48

Detailed headnote1 paragraphs

High Court for the State of Telangana at Hyderabad (J. J. Sreenivas Rao), Criminal Petition No.16952 of 2025, decided 17.12.2025: Petition under Section 528 BNSS sought quash of proceedings in Crime No.838 of 2025 of P.S. Nagole, on the file of the I Additional Judicial Magistrate of First Class, Ranga Reddy District at L.B Nagar, wherein the petitioner was arrayed as sole accused for offences punishable under Sections 316(2) and 318(4) of the Bharatiya Nyaya Sanhita, 2023. Without expressing any view on the merits, the Court directed the petitioner/accused to appear before the Investigating Officer on or before 31.12.2025; on such appearance the Investigating Officer was held entitled to issue notice under Section 41-A Cr.P.C. / Section 35(3) BNSS and to follow the guidelines issued by the Apex Court in Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273. The petitioner was declared entitled to submit a reply/explanation with supporting documents to the Investigating Officer, and it was clarified that on failure to appear within the stipulated time the Investigating Officer may take action in accordance with law. Subject to these directions the Criminal Petition was disposed of, and miscellaneous applications, if any, were closed.

t^3303I

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

WEDNESDAY, THE SEVENTEENTH DAY oF DECEMBER TWO THOUSAND AND TWENry FIVE

PRESENT

THE HONOURABLE SRI JUSTICE J SREENIVAS RAO

CRIMINAL PETITI oN NO: 16952 OF 2025

Between:

Gannapureddy Kavitha, D/o Amrutha Reddv. Age 40 years, Occ. Botique Business, R/o. H.No 2-348011, ptot No.75 Road No.5, Lalitha Nagar, Nagole, Ranga Reddy District

... Petitioner/Accused

AND

1 The gtate of Telangana, Represented by its public prosecutor, High Court for the State of Telangana at Hyderabad thiough^p.S Nagole

2 Kasireddy Ravinder Reddy, S/o Sitaram Reddy, Age.46, Occ. Business, R/o CheripallyTowe_rs, Road No.3,^plot No.302, S6i Nagar Colony, Nagole, Ranga Reddy Dist.,500102

-..Respondents/Defacto Gomplainant

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 FIR vide crime No.838 of 2o2s of ps Nagole on the file of Hon'ble lAdditional Judicial Magistrate of First class, Ranga Reddy District at L.B Nagar.

l.A. NO: 2 OF 202s

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 direct the respondent not to take any correcive steps and to issue 35(3) B.N.S.S.Notice to the petitioner by following the guidelines of Hon,ble Apex Court in Arnesh Kumar Vs State of Bihar.

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

The Court made the following: ORDER

IN THE HIGH^{COURT FOR THE STATE OF T'E;l 'ANGANA} AT HYDERABAD

THE HONOURABLE^{SRI JUSTICE J'SREEII]VAS RAO}

CRIMIN^{AL PETITION No. L6952of2(.25}

Date:17.1^2.2025

Between:

GannaPureddY^Kavitha

..[)etitioner

AND

The State^{of Teiangana,} Represented^{bY Public Prosecutor'} High Court,^{Hyderabadand another'}

i espondents

ORDER

ThisCrimina]PetitionisfitedseekingIlquashthe proceedings^{in Crime No'838 of 2025' on tht file of the I} Ad.ditional^{JudicialMagistrate of First Class'Rangareddy} District at^{L.B.Nagar,wherein the petitioner(vas arrayed} as sole^{accused, for the offencespunis'lLable under} Sections^{316(2),318(4) of the Bharatiya Nyrrra Sanhitha'}

/'r,

2

Heard Mr.Naveen Kumar Miryala, learned^counsel for the petitioner and Mr.Jithender Rao^Veeramalla, learned Adclitional hrblic Prosecutor for^respondent No. 1-State

Learned counsel for the petitioner^{submitted that} though the punishment^{prescribedfor the offences} alleged against the petitiorrer is^{less than seven (07)} years, the Investigating Oflicer, without^{following the due} procedure as contemplated under Section^{41-A of the} Criminal Procedure Code,^{1973 (for} short, 'Cr.P.C.')/Section 35(3)^{of theBharatiya Nagarik} Suraksha Sanhita, 2023^{(for short, 'BNSS')and also the} guidelines formulated by the^{Apex Court inArnesh} Kumar I/s. St@te of^{Bihalproceeded \Mith the} investigation and^{the same is contrarY to law.}

Learned Additionat^{Public Prosecutorsubmitted} that the petitioner may^{be directedto appear before the}

1(2014) 8 scc 273

3

I \

Investigating Ofhcer, and on such app: arance, the Investigating Officer will issue notice under tjection 41-A of the Cr.P.C./Section 35(3) of the INSS. The Investigating Officer will also follow the 1t -ocedure AS contemplated under law.

Taking into consideration the facts and circumstances of the case and the submissir ns made by the respective parties, without expressing z ny view on the merits of the case, the petitioner/accusr,r I is directed to appear before the Investigating Officer, r. n or before 31.12.2025, and on such appearance, the I rvestigating Officer is entitled to issue notice under Sec I ion 41-A of the Cr.P.C./Section 35(3) of the BNSS an: fo11ow the guidelines rssued by the Apex Court in Arrt, tsh Kumar supra.

\ t

It is made clear that the petitioner il; entitled to submit reply/explanation along with the locuments, which are available with him, to the Investigat ng Ofhcer.

4

I I

If the^{petitionerfails toappear before the}

Investigating Offrcer, within^{the stipulated time,the}

Investigating Officer^{is at liberty to take action against}

them in accordance^{rvith law.}

Subject to the^{above directions, theCriminal} Petition is disposed^of.

Misceilaneous^{applicatiorrs,pending ifany, shall}

stand ck>sed.

SD/- C DEEPIKA ASSISTANT REGISTRAR (v,t'^

//TRUE COPY//

SECTION OFFICER

I

To,

l The I Additionar Junior civir Judge cum rAdditionar Judiciar Magistrate of First

_^{Class, LB Nagar, Ranga Reddy}

The Station House Officer, Nagole police Station, Rachakonda 3 Two ccs to^pubric prosecutor, High court for the state of rerangana at Hyderabad [OUT] 4. One CC to Sri Naveen Kumar Mi ryala, Advocate [OPUC] 5. Two CD Copies

ABK

HIGH COURT

DATED: 1711212025

ORDER

CRLP.No.16952 of 2025

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DISPOSING OF THE CRIMINAL PETITION

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