Nagender @ Nagender Rao Kodati Vs The State of Telangana — Telangana HC (2025) — LawSathi Research

Nagender @ Nagender Rao Kodati Vs The State of Telangana — Telangana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashment of FIR No.441 of 2025 not granted; the Criminal Petition was disposed of with directions: petitioners to appear before the SHO, P.S. Jubilee Hills, Hyderabad within one week of receipt of the order; the Investigating Officer to issue notices under Section 35(3) BNSS and proceed strictly per the Arnesh Kumar guidelines; petitioners to cooperate fully with the investigation; pending miscellaneous applications to stand closed.

Issue for consideration

Whether the proceedings in FIR No.441 of 2025 (P.S. Jubilee Hills, Hyderabad) against the petitioners, Accused Nos. 5 to 13, 25, 26, 29 and 31, should be quashed, and whether the petitioners, whose alleged offence is punishable with imprisonment for less than seven years, are entitled to be dealt with only upon notice under Section 35(3) of the BNSS and protected from coercive action, having regard to the Arnesh Kumar guidelines and their willingness to cooperate with the investigation.

Court's answer

The petitioners are directed to appear before the Station House Officer (SHO), P.S. Jubilee Hills, Hyderabad, within one week from the date of receipt of a copy of the order, and upon such appearance the Investigating Officer shall issue notice to them under Section 35(3) of the BNSS in connection with FIR No.441 of 2025.

Ratio / Principle

Upon such appearance, the Investigating Officer 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

The petitioners are simultaneously directed to extend full cooperation to the Investigating Officer during the course of the investigation.ratio¶49

Detailed headnote1 paragraphs

Telangana High Court (Justice N. Tukaramji, 07-07-2025), Criminal Petition No. 8352 of 2025: Petition under Section 528 BNSS by accused Nos. 5-13, 25, 26, 29 and 31 in FIR No.441 of 2025 (P.S. Jubilee Hills, Hyderabad, dated 28.06.2025), facing accusations under multiple sections of the BNS punishable with imprisonment below seven years, seeking quashment of proceedings and protection from coercive steps on the ground that no notice under Section 35(3) BNSS had been issued despite their willingness to cooperate with the investigation. Held, disposing of the petition: the petitioners to appear before the Station House Officer within one week of receipt of the order, upon which the Investigating Officer shall issue Section 35(3) BNSS notices in connection with FIR No.441 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; the petitioners were in turn directed to extend full cooperation to the Investigating Officer. Pending miscellaneous applications stand closed.

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

MONDAY, THE SEVENTH DAYOF JULY TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE N.TUKARAMJI

CRIMINAL PETITION NO:8352 OF 2025

Between:

Nagender @ Nagender Rao Kodati, S/o. Prabhakar^{Rao, ag.ed about 24} years, Occ Stucient, Rl/o. Bandampalli Village, Duggondi Mandal, Warangal District, Telangana.

Kadari Swanri, Sio Kadari llaiah, aged about 39^{years, OccBusiness,Rl/o,} H.No.2-13 Vidhan Pally, Ramannapet, Nalgonda District.

Srikanth @ Keshaboina Srikanth, S/o Keshaboina^{Anjalah, aged about_26} years, Occ. Student, R/o. H.Nq. 3-128, Thatikoh, Mandala devarakonda,^Dist Nalgonda.

Sathish @^Dadala Sateesh, S/o Padala Buchaiah, aged^{about40 years,Occ.} BRSV OL Siate Secretary, Rl/o. H.No 12-1-5O8|9ANC,^{New Laxmi Nagar,} Near Vrc'-.'r;dayr High School, Lalapet, Secunderabad.^Hyderabad, Telangana

Sai Teja @ :,.4oonagara Sai Teja, S/o. Moonagara^{Venkat Rao, Aged about 28} years,-Oci Stuclent, R/o.'18-1365/1/C, Bandlaguda, Bandiaguda, Keshogini, Bandlagu,, : llyJcrabad

Balemia l.'. lirasi. Aged about 25^years, Occ.^{Student, Rl/o. Addagudur,} Nalgonda i), itric t, Telangana.

Kiran Yadav @ Hanmanapalli Sai Kiran, S/o. Rarnesh,^{Aged about 25 years,} Occ. Student, Rr/o. 14-20473, Shivaji Nagar,^{BorabandaBalanagar,} Rangared.,';.

Umar @ ;;,harr:ned Abdul Omar, S/o. Abdul Aziz,^{Aged about 20 y.ears'} Occ. Student, R/o. H.No 13440, V.^{Rama Rao Nagar,Mothi Nagar,} Balanagar. Rangareddy District

Y Raju @ Dhandu Raju, S/o. Dhandu^{Rachandraiah, Aged about 20} leaq' Occ. - Stu-ierir, R,ro. H.No 1-2$O1f2lal5, Thata Nagar, Lower Tank Bund, Hyderabac

Swetha Oe ;iu. v'./o. Gellu Srinivas Yadav, Aged^about 33^{years, Occ.} Housewife. R/o Flat No. 1209, 12th Floor, MS 3, Old^MPL Quarters.^{King Koti} Marg, HyderabaC, Himayat Nagar, Hyderabad.

11.Sravan @ Bas,raboina Shravan, S/o. Odelu, Aged^{about 39 yeap,} Qc9 Businessl ri/c H.Nc 3-73,^{peddapapaiahpally,HuzurabadMandal,} Huzurabacr^(arrr'nagar, Telangana

Sai @ Kallcon L;ai, S/o. Kalloori Narsimha, Aged abor.rt 21 Years, Occ Student, Rio. H.llo 6-89, Meeseva Colony, Muni Panpula, Ramannapeta, Yadadri.

13.Amar @ Thakkalla Amarendar, S/o. Unknown, Aged atrc,ut 22 years, Occ Student, Parvathapur Ghanpur(Md). Parwathapur, Ghangrur, Mahabubnagar, Telangana

...Petitioners/Accused Nos.S to 13,25,26,29 & 31

AND

The State of Telangana, rep. by its Public Prosecutor, Higlr Oourt at Hyderabad.

Smt. Dr. K. Ajitha, W/o G. Eshwarayya Aged 50 years Ocr'u Executive Editor R/o H.No.70B, Piot No.78, Pragathi Nagar, Nizampet, HyCerabad

...RespondenUDe facto Complainant

Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the tligh Court may be pleased to call for the records relating to FIR No.441 of 2025 of P.S. Jubilee Hills, Hyderabad and Qr.rash lhe same as against the Petitioners herein/Accused Nos. 5 to 13,25,26,29 &31

l.A. NO: 1OF 2025

Petition under Section 528 of BNSS praying that in lhe circumstances stated in the MemoranC.rm of Grounds of Criminal Petition, the l{igh Court may be pleased to stav ali furiher proceedings including ttre arrest' of the Petitioners/Accused Nos. 5 to 13, 25,26,29 & 31 in FIR No.441 of 2025 of P.S. Jubilee Hills, Hyderabac pending disposal of the Criminal Petilion

This Petitl,:n ccr.:ir g on for hearing, upon perusing the: Memorandum of Grounds of Criminal Peiition and upon hearing the arguments of Sri T V RAMANA RAO, Advocate for the Fetitioner and Sri Jithender Rao Veerarnalla, the Additional Public Prosecutor^(TGi crr behalf of the Respondent No. 1 anrl llone appeared for the Respondent li. 2

The Court made the following: ORDER

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THE HONOURABLE SRI^{JUSTICE N.TUKARAMJI}

CRIMINAL PETIT^{ION No. 8352OF2025}

ORDER

This petition is filed under^{Section 528 of BharatiyaNagarik} Suraksha Sanhita, 2023^{seeking quashmentof the proceedingsin} FlR.No.441 of 2025, dated^{28.06.2025 on the file of the P.S Jubilee} Hills, Hyderabad against^{the petitioners/accused Nos.S to 13' 25'} 26,29 and 31 .

Heard Mr.T.V. Ramana^{Rao, learned counsel for petitioners,} Mr.Jithender Rao Veeramalla,^{learned Additional Public Prosecutor} appearing for the respondent^No.1-State.

The petitioners are arrayed^{as accusedNos.S to 13, 25,26'} 29 and 31 in FlR.No.441^{ot 2025facing accusation under Sections} 331(s), 331(7), 10e(1),^{118(1), 126(2,324(5), 324(6)' 351(3), 7e'} r/w.3(5) BNS.

Learned counsel for^{the petitioners respectfully submits that} although the^{petitionersare fully committedto oooperatewith the} investigative^process, they^{are apprehensiveof potential coercive} action being taken against^{them'This concern arisesfromthe fact} that, despite the alleged^{offence being punishablewith imprisonment} for a term less than seven^{years, the investigating police authority}

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has not yet issued any notice under Section^{35(3)cf the Bharatiya} Nagarik Suraksha Sanhita, 2023^{(BNSS).lt is furth:r submittedthat} the petitioners have no intention of evading^{the invesl.igation and are} willing to extend full cooperation to the authorities.^{ln light of these} circumstances, Iearned counsel^prays that^{appropriale directions be} issued to the concerned^police officials to^{proceed in accordance} with law by issuing a notice under Section 35(li) of^{the BNSS,} thereby safeguarding the^petitioners from^{any unwitrranted coercive} measures

Lebrned Additional Public Prosecutor opposed^{the petition}

I have perused the materials on record

Considering that the alleged offence is^{punishablewith} imprisonment for a term less than seven^{years, arrd in view of the} petitioners willingness to participate in the invesligz,tive^process, the petitioners are directed to appear before the Statir>n House Officer (SHO), P.S Jubilee Hills, Hyderabad, within one week from the date of receipt of a copy of this order. Upon^{such appearance, the} lnvestigating Officer shall issue notice to the llcrtitioners^under Section 35(3) of the BNSS, in connection with FlR.l'1o.441 of^2025, and shall proceed further strictly in accordance^w th the^guidelines laid down by the Hon'ble Supreme Corrrt in Arnesh

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Kumar^y. Sfafe of Biharl . Simultaneously, the petitioners are

directed to extend full cooperation to the lnvestigaling Officer during

the course of the investigation.

8 With this direction, this Criminal Petition is disposed of.

Pending miscellaneous applications, if any, shall stand

closed

SD'- K. BHAVANI SWAMY ISTANT REGIST

//TRUE COPY//

ECT]ON OFFICER

To,

1 The XVII Addl. Chief Judicial Magistrate, at Nampally 2 The Station House Offi.:er Jubilee Hills Police Station, Hyderabad. 3 One CC to SRi l-V F{AMANA RAO, Advocate [OPUC] 4 Two CCs tc ihe Pdblic Prosecutor, High Court for the State of Telangana at Hyderabari iJU-;-l 5. Two CD Copies SM/PSL

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HIGH COURT

DATED: 0710712025

ORDER

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CRLP.No.8352 of 2025

DISPOSING OF THE CRIMINAL PETITION