Kanneveni Mallaiah Vs The State of Telangana — Telangana HC (2025) — LawSathi Research

Kanneveni Mallaiah Vs The State of Telangana — Telangana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of with directions: petitioners to appear before the SHO, Veenavanka Police Station on 28.04.2025; investigating officer to issue notice under Section 41-A CrPC in Crime No.166 of 2024 and take proceedings per Arnesh Kumar v. State of Bihar guidelines; petitioners to submit explanation and cooperate with the investigation; pending miscellaneous applications closed.

Issue for consideration

Whether the criminal proceedings in Crime No. 166 of 2024 of P.S. Veenavanka (Sections 290, 324, 506 r/w 34 IPC, punishable with imprisonment up to seven years) against the petitioners should be quashed, or whether, given the non-issue of a Section 41-A CrPC notice and the petitioners' apprehension of coercive measures coupled with their readiness to cooperate, directions should instead be issued for service of such notice as per law.

Court's answer

Without going into the merits of the matter, the court directed the petitioners/Accused Nos. 1 to 3 to appear before the SHO, Veenavanka Police Station on 28.04.2025.

Ratio / Principle

Upon the petitioners' appearance, the investigating officer shall issue notice on the petitioners under Section 41-A CrPC in Crime No.166 of 2024 and take up further proceedings as per the guidelines of Arnesh Kumar v. State of Bihar scrupulously.

Key takeaways

The petitioners may submit their explanation, whereupon the investigating agency, considering the materials, will continue the investigation and determine the complicity of the parties; the petitioners are directed to cooperate with the investigation.ratio¶37
Pending miscellaneous applications, if any, shall stand closed.obiter¶39

Detailed headnote1 paragraphs

Telangana High Court (Hon'ble Justice N. Tukaramji, 21.04.2025) disposed of Criminal Petition No. 5368 of 2025, filed under Section 528 of the BNSS, 2023 by three accused (Kanneveni Mallaiah, Kanneveni Raghuvaran and Dundra Yellaiah) seeking quashment of proceedings in Crime No.166 of 2024 of P.S. Veenavanka, Karimnagar District, registered for offences under Sections 290, 324 and 506 r/w 34 IPC (punishable with imprisonment up to seven years). Counsel contended that no Section 41-A CrPC notice had been issued despite the offence range and that the petitioners, though willing to cooperate, apprehended coercive measures; the Additional Public Prosecutor confirmed the police were ready to issue such notice. Without entering merits, the single-judge bench directed the petitioners to appear before the SHO, Veenavanka Police Station on 28.04.2025, whereupon the investigating officer shall issue a Section 41-A CrPC notice in Crime No.166 of 2024 and take proceedings forward scrupulously per the Arnesh Kumar v. State of Bihar guidelines; the petitioners may tender explanations, the agency will continue the investigation determining complicity, and the petitioners must cooperate. Pending miscellaneous applications stood closed.

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a32171

t! i I I t I I I i : I I I I l I

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

MONDAY ,THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND TWENW FIVE

:PRESENT:

THE HONOURABLE SRI JUSTICE N.TUKARAMJI

CRIMINAL PETITION NO: 5368 OF 2025

Between:

1 . Kanneveni Mallaiah, R/o Ghanmukla Village, Veenavanka Mandal, Karimnagar District

Kanneveni Raghuvaran, R/o Ghanmukla Village, Veenavanka Mandal, Karimnagar District

3- Dundra Yellaiah, R/o Karimnagar Town and District.

...Petitioner/Accused No: 1 to 3

AND

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

2 Kanneveni Ashirojyam, R/o Ghanmukla Village, Veenavanka Mandal, Karimnagar District

....Respondent No.1 and 2

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^pleasedto quash the FIR No: 166 of 2024 on the file of Veenavanka Police Station against the petitioner I accused no: 1 to 3

lA NO: 2 OF 2025

Petition under Section 528 of BNSS^praying that in the circumstances stated in theMemorandum of Grounds of Criminal Petition,the High Court^{may be} pleased to stay all further proceedings in FIR No. 166 oI 2024 on the flle of the Veenavanka Police Station against the^{petitioner/accused} No.¹ to 3,^pending disposal of the above criminal^petition.

This petition coming on for hearing, upon^perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Boosa^Shiva Chandra Advocate for the^petitioners and of the Additional Public Prosecutor^{for the} State of Telangana on behalf of the Respondent^No.1 None appeared^for Respondent No.2

The Court made the following: ORDER

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THE HONOURABLE SRI JUSTICE N.TUKT,RAMJI

CRIMINAL PETITION No.5368 OF 20:25

ORDER

This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short^'BNSS , 2023') seeking quashment of the proceedings in Crime No.166 ot 2024 of P.S. Veenavanka, Karimnagar District, against the petitionels

The petitioners are arrayed as accused Nos.1 to 3 in Crime No.'166 of 2024 registered for the offences punishable under Sections 290,324 and 506 rlw. 34 of lndian Penal Code, 1860

Heard Mr.B.Shivachandra, learned counsel for the petitioners and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent No.'1-State

Learned counsel for the petitioners would subnrit that though the petitioners are determined to see the process througr and the alleged offences are punishable with an imprisonment upto seven years, the Police concerned have not issued any notice under Section 41-A of the Code of Criminal Procedure, 1973 (for short Cr.P.tl.), as such, the petitioners are apprehending coercive measures against them. He further submits that the petitioners are ready to cooperate wittr the investigation, .hence prayed for necessary directions for issuance of notice as per law.

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AJ-r&/ 2 Crl.P.No. 516E^ttJ2025

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Learned Additional^{PublicProsecutorsubmits that the Police} concerned are^{readyto issue notice under Section41-Aof Cr.P C}

6 I have^{perusedthe materials on record}

Having regard^{to the fact that the alleged offencesare punishable} with an imprisonment^{upto seven years and as the petitioners/accused} Nos.lto3arereadytoengagethemselvesintheprocess,withoutgoing intomeritsofthematter,thepetitionersaredirectedtoappearbeforethe SHO, Veenavanka^{Police Station, on 2804'2025'whereupon' the} lnvestigatingofficershallissuenoticeonthepetitionersunderSection 41-Aof cr.P.c.,^{in crimeNo.166of 2024 and takeup furtherproceedings} as per the^{guidelinesof Arnesh Kumary. stafe of Biharlscrupulously.} Thepetitionersmaysubmittheirexplanation,whereupontheinvestigating agency, considering^{the materials,will continuethe investigationand} determine the^{complicity of the parties ln unison' petitioners are directed} to cooperate^{with the investigation.}

B. With this^{direction, this CriminalPetitionis disposed of'}

Pending miscellaneous^{applications,if any,shall stand closed}

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SD/- MOHD.ISMAIL DEPUTY REGISTRAR

//TRUE COPY//

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SECTION OFFICER

To,

Hon'ble llnd Additional Judicial First Class^{Magistrate,Huzurabad.}

The Station House Officer,Veena vanka^{PoliceStation, Karimnagar District}

One CC to SRl. BOOSA^{SHIVACHANDRA Advocate} [OPUC]

Two CCs to Additional^{Public Prosecutor,High Court of Telangana} [OUT

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Two CD Copies

N PSNR/pSL

HIGH COURT

DATED:21 10412025

ORDER

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CRLP.No.5368 of 2025

DISPOSING THE CRIMINAL PETITION
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