Telangana High Court

CRLP/16393/2026 of Sri. Thadishetty Vidya Sagar Vs The State of Telangana on 6 October 2026

Cites 0, Cited by 0

Between: AND 1 Sri. Tfadishetty Vidya Sagar' S/o T. Ramaswamy, Aged about 62 years' Occ:Business,nlo'Hruo.4-1-55,KothurJanda,HanumakondaCityand District, Telangana. sri. Mirukula Manohar, S/o. tr/allaiah,-Aged about 62 years, occ: Agriculuture, R/o. H. No. 1-8-'126, Balasamudiam, Hanumakonda City

Between:

AND

Sri. Tfadishetty Vidya Sagar' S/o T. Ramaswamy, Aged about 62 years'

Occ:Business,nlo'Hruo.4-1-55,KothurJanda,HanumakondaCityand District, Telangana.

sri. Mirukula Manohar, S/o. tr/allaiah,-Aged about 62 years, occ: Agriculuture, R/o. H. No. 1-8-'126, Balasamudiam, Hanumakonda City and District'

Telangana

Sri.PalleGanesh,S/o.PalleBabu,Agedabout36years,Occ:Agriculuture'

R/o H, No. 3-16-98, Peddamma Gadda, Hanumakonda City and District'

Telangana

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

TUESDAY, THE SIXTH DAY OF OCTOBER

TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE J SREENIVAS RAO

CRIMINAL PETITION No: '16393 OF 2026

...Petitioners/Accused No.1 to 3

1. The State of Telangana, Represented by Public Prosecutor, High Court for the State of Telangana at Hyderabad

...Respondent No.1

Sri. Kandikonda Veera Kumar, S/o' Chinna Yellaiah, Aged about 57 years, Oic Agriculture, R/o H. No. 4-6-13211 , Kumarpally, Hanumakonda City and District, Telangana.

... Defacto Com pla inanURes pondent

Petition under Section 528 of BNSS praying that in the circumstances stated in the lVlemorandum of Grounds of Criminal Petrtion, the High Court may be pleased to call for the records relating to crime No.2O0 of 2026 dated 21.09.2026, registered by Enumamula Police Station, warangal, for the alleged offences punishable under s".tion, 31S(4), 329(1), 324(5), 351(3) read with Section 3(5) of the Bharatiya Nyaya Sanhiia, zozl, and QUASH the said FIR and ail proceedings arising tnlretrom insoiar as the Petittoners/Accused Nos.'1 to 3 are concerned, as iontinuation thereof would amount to abuse of the process of law, and consequently !-II!ECGEiEt?!?!t!::

l.A. NO: 2 OF 2026

Petition under Section 528 of BNSS praying that in the circumstances stated ln the lvlemorandum of Grounds of criminal Petition, the High court may be pleased to STAY all further proceedings pursuant to crime No.200 of 2026 daterd 21 09.2026 on the file of Enumamula Police Station, warangal, insofar as the Petitioners/Accused Nos.1 to 3 are concerned. including all coercive steps against the Petitioners This Petition coming on for hearing, upon perusing the iMemorandum of Grounds of criminal Petition and upon hearing the arguments of sri Kaitha Karunakar, Advocate for the Petitioners and the Sri Jithender IRao Veeramalla, Additional Public ProsecLrtor on behalf of the Respondent No.1 anri none appeared for the Respondent No.2.

The Court made the following: ORDER

-

IN THE HIGII COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO

CRIMINAL PETITION No.l6393 of 2026

CNR No. : H8HC010687392O26

Date: 06.10.2026

Between

Thadishetty Vidya Sagar and two others

...Petitioners

AND

The State of Telangana and anoth€r.

.Respondents

Citations and Judicial Treatment

No citing decisions in the index yet

Cited by

0

Decisions in the index citing it

Cites

0

Decisions referred to

In this index

0

Of the decisions it cites

Overruled / Questioned

0

No negative treatment found

Loading the citing and cited decisions…

ORDER

This Criminal Petition has been hled by the petitioners/accused Nos.1 to 3 seeking to quash the proceedings in Crime No.200 of 2026 of Enumamula Police Station, Warangai District, registered for the offences punishable under Sections 318(4), 329(1),324(5) and 351(3) r/w 3(5) ofthe Bharatiya Nyaya Sanhita, 2023 (for short,'BNS').

2. Heard Mr.Kaitha Karunakar, learned counsel for the petitioners and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent No. 1

3. With their consent, the criminal petition is disposed of at the stage of admission.

4. Learned counsel for the petitioners submits that the petitioners have not committed the alleged offences and have been falsely implicated in the present case. The allegations levelled against the petitioners are purely civil in nature. In respect of the velJ same property, O.S.No.654 of 2026 is pending before the leamed I Additional Judicial Civil Judge, Hanamkonda, wherein tht: said Court, in I.A.No.334 of 2026, granted an interim injunction restraining respondent No.2 from interfering with the schedule propert)/, and the said injunction is continuing. He furlher submits that, aggrieved by the judgment and decree passed by the learned ll Additional Junior Civil Judge, Warangal, in O.S.No.1579 of 2O\2, confirming the judgment and decree dated 22.12.2023 in A.S.No.57 of 2022, petitioner No.1 and two others have approached this Court and filed S.A.No.97 of 2024, wherein this Court granted interim suspension on 01 .03.2024, ar'd the said interim order is still subsisting.

5. He further submits that the offences levelled against the petitioners are punishable with imprisonment of less than seven years. The lnvestigating Offrcer, without following the mandatory prccedure prescribed under Section 35(3) ofthe Bharatirza Nagarik SLLraksha Sar.rhiti,.- 2023 (for shon 'BNSS') and witho-r{ followrng - a the guidelines formulated by the Hon'ble Supreme Cotrt rn Arnesh Kumar Vs. State of Bihart, is proceeding further in the matter and the same is contrary to law.

6. Per contra, leamed Additionai Public Prosecutor submitted that the Investigating Officer will follow the procedure contemplated under Section 35(3) of the BNSS and also the guidelines formulated by the Apex Court in Arnesh Kumar (supra). 7 . Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that the offences levelled against the petitioners are punishable with imprisonment of less than seven years. Even according to the learned Additional Public Prosecutor, the Investigating Officer will follow the procedure contemplated under Section 35(3) of the BNSS and also the guidelines formulated by the Apex Court in Arnesh Kumar (supra)

8. In view of the above, the petitioners are directed to appear before the lnvestigating Officer on or before 17.10.2026 and submit reply/explanation along with the documents, which are '(20 14) E scc 273

available with them, to the Investigating Officer. The Investigating OfFrcer is entitled to follow the procedure contemplated under Section 35(3) of the BNSS and follow the guidelines issued by the Apex Court in Arnesh Kumar (supra)

9. Accordingly, the Criminal Petition is disposed of. Miscellaneous applications, pending if any. shall stand clc,sed ,TRUE COPY// SD/- B. REKHA RANI ASSISTANT REGISTRAR SECTION OFFICER To, l.ThelAdditionalJudicialFirstClassMagistrateatWarangal 2 Station House Officer Police Station Enumamula' Warangal District

3. Cne CC to Sri Kaitha Karunakar' Advocate [OPUC] 4,TwoCCstoPUBL|CPROSECUTORHrghCourtforthe.StateofTelangana, at HYderabad [OUTI

5. Two CD CoPies BA,,GN K W

HIGH COURT DATED: 0611012026

ORDER

CRLP.No.16393 of 2026 DISPOSING OF THE CRIMINAL PETITION ( ST4 .tl t\E ,a: 15 0[I 2026 /< /J iD t,: za i.+ I .". -\.- * '..:,4 .gae.,t &" q1

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead