Arbindi Kiranmayi @ Ch Kiranmayi Vs The State of… — Cheating and Forgery | Telangana HC (2025)

Arbindi Kiranmayi @ Ch Kiranmayi Vs The State of… — Cheating and Forgery | Telangana HC (2025)

What the court decided

AI extract

Outcome

Petition disposed with directions: petitioners to appear before the SHO, Nagole Police Station, within one week of receipt of the order; Investigating Officer to issue notice under Section 35(3) BNSS in connection with Crime No. 389 of 2025 and proceed strictly per the Arnesh Kumar v. State of Bihar guidelines; petitioners to extend full cooperation. Pending miscellaneous applications closed. Proceedings not quashed.

Issue for consideration

Whether the High Court should quash the proceedings in F.I.R. No. 389/2025 of P.S. Nagole, Rachakonda, against the Petitioners/Accused Nos. 1 and 4 to 7. +1 more

Court's answer

With these directions, the Criminal Petition is disposed of, and pending miscellaneous applications, if any, stand closed.

Ratio / Principle

The petitioners are directed to appear before the Station House Officer (SHO), Nagole Police Station, within one week from the date of receipt of a copy of the order; upon such appearance, the Investigating Officer shall issue notice to the petitioners under Section 35(3) of the BNSS in connection with Crime No. 389 of 2025 and shall proceed further strictly in accordance with the guidelines laid down by the Hon'ble Supreme Court in Arnesh Kumar v. State of Bihar.

Key takeaways

Simultaneously, the petitioners are directed to extend full cooperation to the Investigating Officer during the course of the investigation.ratio¶37

Detailed headnote1 paragraphs

High Court for the State of Telangana at Hyderabad (Hon'ble Justice N. Tukaramji), Criminal Petition No. 8183 of 2025, order dated 03-07-2025. Five petitioners, arrayed as Accused Nos. 1 and 4 to 7 in Crime No. 389 of 2025 of P.S. Nagole, Rachakonda Commissionerate (alleged offences under Sections 406, 420, 465, 468, 471 and 506 read with 34 IPC; FIR dated 24-05-2025), filed this petition under Section 528 of the BNSS, 2023 seeking quashment of the FIR proceedings. Counsel submitted that although the petitioners were fully committed to cooperating with the investigative process, they apprehended potential coercive action because, despite the alleged offences being punishable with imprisonment for a term less than seven years, no notice under Section 35(3) BNSS had been issued. The Additional Public Prosecutor opposed the petition. The Court disposed of the petition without quashing the proceedings, directing the petitioners to appear before the SHO, Nagole Police Station, within one week from receipt of a copy of the order, upon which the Investigating Officer shall issue notice under Section 35(3) BNSS in connection with Crime No. 389 of 2025 and proceed strictly in accordance with the guidelines laid down by the Hon'ble Supreme Court in Arnesh Kumar v. State of Bihar ((2014) 8 SCC 273); the petitioners were simultaneously directed to extend full cooperation to the Investigating Officer. Pending miscellaneous applications stand closed.

132171

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

THURSDAY ,THE THIRD DAY OF JULY TWO THOUSAND AND TWENry FIVE

PRESENT

THE HONOURABLE SRI JUSTICE N.TUKARAMJI

CRIMINAL PETITION NO: 8'183 OF 2025

Between:

Arbindi Kiranmayi @ Ch Kiranmayi,'Wo. Chinthala Ravindranath^yadava D/o. Late Sri Venkataramaiah, aged about 53 years, Occ. Household, R/o. FIat No. 1103, 11th floor, TNR Vishnavi Shikar Apartments, L.B.Nagar, R.R.District, T.G

Sri. Harsha Bashetty, S/o Raghunandan Rao Bashetty, aged about 27 years, Occ. Business, resident of H.i.lo.3-'13-9 4t2o1b, Madhuia Nagar, near Ahdhra Bank Ramanthapur, Amberpet,'Hyderabad, Telangana -50001 3

Sri.Ch. Sahadeva Rao, S/o. Late.Narayana, Aged about 55 years, Occ. Bussiness, R/o. Plot No.6A,7B, H.No.^'12-14lA, Road No 64,-Arunodaya colony, Nagole,Hyderabad, Telangana.

Smt. Saritha Miriyala, D/o. Dayanand Rao Juvaddi, Aged about 48 years, Occ. Household, H.No. 1-3-68 Flat No.203, Hemabhaskara resiijency Apartment, Habsiguda Hyderabad, Telangana.

Smt. Uma Devi Juvvadi, Wo. Dayanand Rao Juvaddi, Aged about 69 years, Occ. Household, H.No. 6-8211 , Gorregundam, Maddutla, Karimnagar.

...PETITIONERS/ACCUSED Nos. 1 & 4 to 7

AND

I Ihe.^{State. of_ Telangana, Throlgh Station House Officer,P.S.Nagole,} Rachakonda Commissionerale Rep by its Public Prosecutor, High eourt Buildings, High Court, Hyderabad, Telangana.

2 Chinthala Ravindranath Yadav, S/o.Chinthala Lawman Rao Yadav, aged 52 years, Occ. Business, R/o. 16-2-73BlEl11 , Asmangadh, Neai T.V. Tower,Malakpet, Amberpet, Hyderabad, T.G. - 500 036.

...RESPONDENTS

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 proceeding in F.l.R. No. 389/2025, Dated24-05-2025 on the file of P.S. Nagole, Rachakonda for the alleged offences under section 406,420,465,468,471,506 R/w. 34 of l.P.C. against the Petitioners/Accused Nos. 1.41o7.

l.A. NO: 2 OF 2025

Petition under section 528 of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of criminal petition, the High court may !e^{qleggeo to grant Stay of ail further proceedingsin F.r.R No. 38d/2025,} Dated 24-05-2025 on the file of p.s. Nagole, Rachaionda for the alreged offences under section 406,420,465,468,471,506 R/w. 34 of t.p.C.^"against the Petitioners/Accused Nos. 1, 4 lo 7 including dispense of personal attEndance of the Petitioners/ Accused Nos. 1, 4 to 7, 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 A MANIKANTA, Advocate for the petitioner and sri. JTTHENDER RAo vEERAMALLA, Assistant Public prosecutor, on behalf of the Respondent No. 1 and none appeared for Respondent no.2

The Court made the following: ORDER

THE HONOURAALE SRI JUSTICE N.TUKARAMJI

CRIMINAL PETITION No. 8183 OF 2025

ORDER

This Criminal Petition is filed^{under Section528 of Bharatiya} Nagarik Suraksha Sanhita, 2023^{(tor short'BNSS,2023') seeking} quashment of the proceedings in Crime No-389 of²⁰²⁵ of^Nagole Police Station, Rachakonda Commissionerate,^{against the petitioners.}

The petitioners are arrayed as^{accused Nos.1and 4 to 7 in} Crime No.389 of 2025 registered^{for the offences under Sections406,} 42O.465.468.471 and 506 read^{with 34 of lndian Penal Code,1860.}

Heard Mr. A. Manikanta, learned^{counsel for the petitionersand} Mr.Jithender Rao Veeramalla,^{learned Additional PublicProsecutor} appearing for the respondent^No.1-State.

Learned counsel for the^{petitioners respectfullysubmits that} although the^petitioners are^{fully committed to cooperatewiththe} investigative^process, they^{are apprehensiveof potentialcoercive} action being taken against them.^{This concern arises from the fact that'} despite the alleged offence being^{punishablewith imprisonmentfor a} term less than seven^{years, the investigating police authority has not} yet issued any notice under^{Section35(3) of the BharatiyaNlegank} Suraksha Sanhita,^{2023 (BNSS) lt is further submittedthat the}

I

,--'1

z

)

petitioners have no intention^{of evading the investigation and are willing} to extend full^{cooperation to the authoritiesln light of these} circumstances,^{learnedcounsel prays that appropriate directlonsbe} issued to the^{concerned policeofficials to proceed in accordancewith} law by issuing a^{notice under Section 35(3) of the BNSS'thereby} safeguarding^{the petitioners from any unwarranted coercive measures'}

5. Learned Additional^{Public Prosecutor opposed the petition}

I have^{perused the materials on record}

Considering that^{the alleged offences are punishablewith} impnsonment^for a^{term less than seven years, and in view of the} petitioners' willingness^{to participatein the investigative process'the} petitioners are hereby^{directed to appear beforethe StationHouse} Officer^{(SHO), Nagole Police Station, within one weekfrom the date of} receipt of a copy^{of this order' Upon such appearance'the} lnvestigating Officer^{shall issue noticeto the petitionersunder Section} 35(3) of the^{BNSS, in connectionwith Crime No'389 of 2025' and shall} proceed further strictly^{in accordancewith the guidelines laiddown by} the Hon'ble^{SupremeCourt in ArneshKumar v' State of Biha/ '} Simultaneously,^{the petitionersare directed to extend full cooperation} to the lnvestigating^{Officer during the course of the investigation'}

I (2014) 8 SCC 273

\ \

3

----7

B. With this direction, this Criminal^petition is disposed of.

Pending miscellaneous applications, if any, shall stand closed.

SD/. AHMED ABDULLA KHAN A ts NT REGISTRAR

//TRUE COPY//

To,

s CTION OFFICER

1 The I Additionar Junior civir Jy!g_e.c.um r Additionar JuUciar Magistrate of First Class Ranga Reddy District at f"e flagai.

The Station House Officer, Nagole p.S., Rachakonda.

One CC to SRt. A MANIKANTA Advocate tOpUCl

4 Two ccs to PUBLTG pRosEcuroR, High court for the state of rerangana louTI

Two CD Copies

MKN/PSL

s

HIGH COURT

DATED:03 tOilZOzS

ORDER

CRLP.No.8183 of 2025

! r0JUI m .;, :!
t .i
q-{.:tr,,.,rr:rri, o

ot

DISPOSING THE CRIMINAL PETITION @oi'uN