Medisetty Triveni, Vs The State of Telangana., Through S.H.O, P.S. Madhira Rural

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[³³⁰³ ]

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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THURSDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX

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PRESENT

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THE HONOURABLE SRI JUSTICE J SREENIVAS RAO

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CRIMINAL PETITION NO: 1369 OF 2026

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Between:

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Medisetty Triveni, D/o. M. Narayana Rao, Aged about 25 years, Occ: Doctor R/o.H.No.3-14-117|N1, Plot No.42 and 43 Vivekananda Nagar, Road No.1 Near Sahara Estates, Mansoorabad, Hayathnagar, Vasanthalipuram, Ranga Reddy District.

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...Petitioner/Accused No.3

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AND

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The State of Telangana., Through S.H.O, P.S. Madhira Rural, Rep. by its Public Prosecutor, High court at Hyderabad, Hyderabad.

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Lakki Reddy Srinivasa Reddy, S/o Bali Reddy Aged about 45 years Occ: Advocate Saidellipuram village, Madhira Mandal, Khammam District

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...Respondents/Defacto Complainant

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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 Criminal Proceedings against the Petitioner/A3 in Crime No.46 of 2025 dt.05.04.2025 on the file of Madhira Rural Police Station, Khammam District.

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l.A. NO: 2OF 2026

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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 grant stay of all further proceedings including arrest of the Petitioner/A3 in Crime No.46 of 2025 dt.O5.O4.2025 on the file of Madhira Rural Police Station, Khammam District, pending disposal of the Criminal Petition in the interest of the justice.

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This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri M Janardhan Rao, Advocate for the^petitioner and M.Ramachandra Reddy, Additional Public Prosecutor on behalf of the Respondent No.1 and of sri L.srinivasa Reddy, party-in-person i.e., Respondent No.2/Defacto Complainant.

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The Court made the following: ORDER

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO

t

Date: 05.02.2026

Between:

Medisetty Triveni

AND

...petitioner

The State of Telangana.,.Through S.H.O, p.S. Madhira Rural, Rep.resented by its public prosJcutor, High Court at Hyderabad, and another

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.respondents

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ORDER

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This Criminal petition is filed seeki ng to quash the proceedings' in crime No.46 of 2025, on the file of Madhira Rurar porice Station, Khammam District, wherein the petitioner was arrayed as accused No.3, for the offences punishabre under Sections 3 r g(4) read with Section 3(5) of the Bharatiya Nyaya Sanhitha, 2023 (for shorr 'BNS').

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2' Heard Mr. M. Janardhan Rao, rearned counser for the petitioner, Mr. L. Srinivasa Reddy, appeared as party-in-person i.e., respondent No.2/de facto complainant and Mr. M. Ramachandra Reddy, teag.a Additional pubric prosecutor for respondent No. r

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3.Learnedcounselforthepetitionersubmittedthatthepetitioner hasnotcommittedallegedoffenceandsheisfalselyimplicatedinthe present^{crime.E'r'en accordingto the allegationsmade in the} complaint,theingredientsfortheoffenceunderSections3ls(4)read withSection3(5)ofBNSarenotattractedagainstthepetitioner.The petitionerhasnotreceivedanyamountsfromtherespondentsorany other accused.^{The offences leveledagainstthe petitioner are} punishablewithimprisonmentoflessthanSevenyears.However,the InvestigatingOfficer,withoutfoltowingthemandatoryprocedure prescribedunderSection35(3)oftheBharatiyaNagarikSuraksha Sanhita,2[23(forshort"BNSS')'theguidelinesissuedbytheApex court^{in Arnesh Kumar vs. state of Biharr, the principles laid} down^{by the Apex Court in Md' Asfak Alam v' The State of} Jharkhand&anr.(Crl.A.No.2207of2023)dated31.07.2023,and alsothecircularissuedbythisCourtinRoC.No.l3gg/Sol2o23dated 09.03.2023,isproceedingwiththeinvestigationandthesameis contrary^{to law'}

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Per contra,^{theparty-in-personi'e'' respondent No'2 submitted} that there^{are specific allegations leveted againstthe petitionerto}

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t lzota;8 scc 273 /

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::3::

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attract the ingredients for the offence under Sections 3 l8(4) read with Section 3(5) of BNS and that he is not having objection if the petitioner is directed to appear before the Investigating officer. He f,urther submitted that the petitioner is absconding from the date of, registration of the crime and the Investigating Officer have also filed final report in so far as accused Nos.l and 2 are concerned. The petitioner is not entitled to seek any relief much less the relief sought for in the present criminal petition for quashing proceedings against her. Thus, the present criminal petition is liable to be dismissed.

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Learned Additional Public Prosecutor reiterated the above made submissions of the party-in-person and further submitted that the petitioner is absconding from the date of registration of the crime and the of-fences leveled against the petitioner are punishable with imprisonment below seven years and the Investigating officer will also follow the procedure as contemplated under law

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Having considered the rival submissions made by the respective parties and upon perusal of the material available on record, it reveals that the offences levelled against petitioner/accused No.3 are punishable with imprisonment of less than seven years.

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Thus, without expressing any view on the merits of the case, the t u$xp \

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-"i-^{'' -' -} ,i -I

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petitioner/accused No.3 is directed to appear before the Investigating officer, on or before 16.02.2026, and on such appearance, the Investigating officer is entitled to issue notice under Section 4l-A of Cr.P.C./Section 35(3) ol BNSS and lollorv rhe guidelines issued by the Apex court in Arnesh Kumor supra. In view of the same petitioner No.3 is entitled to submit her grievance/reply before the Investigating officer along with relevant documents. The Investigating officer is further directed to scrupuiously follow the procedure contemplated under Section 35(3) of the BNSS and the guidelines and principles issued by the Apex Court in Arnesh Kumar supra and Md. Asfok Alom supra, and conclude the investigation.

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Subject to the above directions, the criminal petition is

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disposed of.

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Miscellaneous applications, pending if any, shall stand closed.

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//TRUE COPY//

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SD/- B REKHA RANI ASSISTANT REGISTRAR

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6

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SECTION OFFICER

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To 1. The Station House Officer, tVladhira Rural Police Station, Khammam

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Two CCs to Public Prosecutor, High Court for the State of Telangana at Hyderabad [OUTI

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One CC to Sri M Janardhan Rao, Advocate [OPUC]

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one cc to sri L.srinivasa Reddy, party-in-person, S/o Bali Reddy Aged about 45 years occ: Advocate Saidellipuram village, Madhira Mandar, Khammam District

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