Jinka Sharath Kumar, Vs The State of Telangana — Telangana HC (2025) — LawSathi Research

Jinka Sharath Kumar, Vs The State of Telangana — Telangana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Criminal Petition No.2386 of 2025 disposed of without adjudicating merits: police directed to proceed with investigation in Crime No.1 of 2025 of P.S. Konaraopet only after issuing notice under Section 35(3) of BNSS (previously Section 41-A Cr.P.C.) to the petitioners and to scrupulously follow Arnesh Kumar guidelines; petitioners directed to co-operate with the Investigating Officer and furnish information/documents, to be considered by the I.O. before filing report; miscellaneous application(s), if any, closed.

Issue for consideration

Whether the criminal proceedings against the petitioners (Accused Nos. 1 and 2) in Crime No.1 of 2025 of P.S. Konaraopet, Rajanna Sircilla District, registered for the offences under Sections 126(2), 76, 78, 292 and 351(2) r/w. 3(5) of BNS, 2023, ought to be quashed. +1 more

Court's answer

Without going into the merits of the matter, the criminal petition seeking quash of Crime No.1 of 2025 is disposed of, directing the police to proceed with the investigation after issuing notice under Section 35(3) of BNSS (previously Section 41-A of Cr.P.C.) to the petitioners, and to scrupulously follow the guidelines laid down by the Supreme Court in Arnesh Kumar v. State of Bihar and another.

Ratio / Principle

The petitioners shall submit their defence and co-operate with the Investigating Officer as and when required by furnishing information and producing all relevant documents/material; the Investigating Officer shall consider the same before filing an appropriate report before the learned Magistrate concerned.

Detailed headnote1 paragraphs

Criminal Petition (S.528 BNSS) by Accused Nos.1 and 2 seeking quash of Crime No.1 of 2025 of P.S. Konaraopet, Rajanna Sircilla District (offences under Sections 126(2), 76, 78, 292 and 351(2) r/w. 3(5) of BNS, 2023), disposed of by the High Court of Telangana (Juvvadi Sridevi, J.) on 19-02-2025 without entering into merits: during arguments counsel confined the prayer to a direction for pre-arrest procedure. The Court directed the police to proceed with the investigation after issuing notice under Section 35(3) of BNSS (previously Section 41-A of Cr.P.C.) to the petitioners and to scrupulously follow the guidelines in Arnesh Kumar v. State of Bihar and another. Petitioners to submit their defence, co-operate with the Investigating Officer and furnish information/relevant documents, which the I.O. shall consider before filing an appropriate report before the Magistrate. Miscellaneous applications, if any, closed.

IN THE HIGH COURT FOR THE STATE OF^TELANGANA AT HYDERABAD

13257 |

WEDNESDAY ,THE NINETEENTH DAY^{OF FEBRUARY} TWO THOUSAND AND TWENTY^FIVE

:PRESENT:

THE HONOURABLE SMT JUSTICE JUVVADI^SRIDEVI

CRIMINAL PETITION NO: 2386 OF iO25

Between:

Jinka Sharath Kumar, Sio Shanthi^{Prasad,Agedabout,4o years,Occ.Private} Employee, R/o H.No.1-84, Marimadla,^{KarimnagarDistrict,T^elangana- 505305}

Jin(a ?ranay Kumar, Slo Shanthi^{Prasad, Agedabout36 years, Occ. frivate} Employee, Rio H.No.1-84, Marimadla, Karimnagar^{District, Telang-ana - 505305} Petitioner/Accused No. 1 & 2

AND

The State of Telangana, Rep by its^{Public Proseculor.HlghCourt^forthe State of} Telangana Hydera[ad Through SHO.^{KonaraopetP.S.Rapnna Srrcilla Drstrict} 2. Rudro]u Vinebla, Wo Parandlmuh-r,^{Aged alrout 38 years, Occ. Housewife, R/o} Yella Reddi Peta,.Venkataptrram, Rajanna^{Sircilla District. '} Respondents/ComPla^inants

Petition under Section 528 of BNSS.,^{praying that in the circumstances} stated in the Memorandunr of Grounds^{of crinrinal Petition,the High courtmay} be pleased to call for the recorcls in^{FIR No. 01t2025 pendingon the file of} Konaraopet Police Station, RaJanna Siricilla^District.

lA NO: 2 OF 2025

Petition under Section 151 CPC^{prayingthat in the circumstancesstatedrn} the affidavit filed in support of the^petition, the^{High Court may be pleased to grant} stay of all further proceedings including^{arrest of the petitioners in FIR No.1 of 2025} pending on the file of Konaraopet Police station, Rajanna^{Sircilla District,pending} disposal of CRLP 23BO of 2025, on the^{frle of the High Court.}

This Petition coming on for hearing,^{upon perusing the Memorandum of} Grounds of Crrminal Petition and^{upon hearing the argumentsof Sri YBala} l\rlurali, Advocate for the Petitioners and the^{of Jithender Rao Veeramalla,} learned Addl Public Prosecutor^(TG) on behalf^{of the Respondent No 1 and None} appeared for the ResPondent No.2.

The Court made the following:^ORDER

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HOI.I'BLE SMT. JUSTICE JUWADI SRIDEVI

CRIMINAL PETITION No.2386 of 2025

ORDER

Petitioners, who are arrayed as accused Nos.1 and 2 in Crime No.1 of 2025 of P.S. Konaraopet, registered for the offences under Sections 126(2),76, 78, 292 and 351(2) r/w. 3(5) of BNS, 2023, are seeking to quash the proceedings against them.

Heard lt/lr. Y.Bala Murali, learned counsel for the petitioners and Mr. Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the State and perused the record.

Though this petition is filed for quashing the proceedings in the crime, during the course of arguments, learned counsel for the petitioners has sought for directions to the Police to proceed with investigation by issuing notice under Section 35(3) of Bharatiya Nagarik Suraksha Sanhita (BNSS) (Previously Section 41-A of Cr.P.C.).

ln view of the above, without going into merits of the matter, this criminal petition is disposed of directing the^police concerned to proceed with the investigation in the above crime after issuing notice under Section 35(3) of BNSS (Previously Section 41-A of Cr.p.C.) to the petitioners and they shall also follow the guidelines of Hon,ble

2

Supreme Court in Arnesh Kumar v. Sfate of Bihar and anotherl

scrupulously. However, the petitioners shall submit their defense and co-operate with the lnvestigating Officer as and when required by furnishing information and produce all relevant documents/ material required for the purpose of the investigation and the lnvestigating Officer shall consider the same before filing appropriate report before the learned Magistrate concerned

Miscellaneous application pending, if any, shall stand closed Sd/. A.V.S. PRASAD SI TANT REGISTRAR

,TRUE COPY'

ECTION OFFICER

To,

The Station House Officer, Konaraopet Police Station, Ra.ianna Sircilla District.

One CC to Sri Y. Bala Murali, Advocate [OPUC]

Two CCs to PUBLIC PROSECUTOR, High Court for the State of^Telangana at Hyderabad [OUT]

Two CD copies.

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HIGH COURT

DAIED:1910212O25

ORDER

CRLP.No.2386 of 2025

1 HE SIA r4:
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1 I Alr il 2025
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CRIMINAL PETITION IS DISPOSED OF

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