Telangana High Court
CRLP/16263/2026 of Malekadi Naresh Vs The State of Telangana on 5 October 2026
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD IMONDAY, THE FIFTH DAY OF OCTOBER TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE J SREENIVAS RAO CRIMINAL PETITION NO: 16263 OF 2026 Between: It4alekadi Naresh, S/o. Aged about 23 years, Occ: Agriculture R/o. H.No.22-'l ,
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
IMONDAY, THE FIFTH DAY OF OCTOBER
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE J SREENIVAS RAO
CRIMINAL PETITION NO: 16263 OF 2026
Between:
It4alekadi Naresh, S/o. Aged about 23 years, Occ: Agriculture R/o. H.No.22-'l , Pedripahad (V), Maddur Mandal, Narayanpet Dist. Telangana
...Petitioner/Accused No.9
AND
1. The State of Telangana, Through The Station House Officer, PS. lvladdur, Narayanpet District, Rep. by The Public Prosecutor, High Court for the State of Telangana.
..Respondent
2. lt/d. Osman, S/o. Abdul Rahaman, Aged about 57 years Occ. ASI of Police at IVladdur, R/o. Nanacharla Village, I\rlohammadabad IVlandal, Narayanpet Dist.,
..Respondents/De-facto Complainant
Petition under Section 528 of BNSS praying that in the circumstances stated in the N/emorandum of Grounds of Criminal Petition, the High Court may be pleased to Quash the Crrme No. 253 ol 2026 on the file of First Class Judicial lr,4agistrate, at Kosigi, Narayanpet District to the extent of petitioner herein/Accused No.9.
l.A. NO: 2OF 2026
Petition under Section 528 of BNSS praying that in the circLtmstances stated in the lvlemorandum of Grounds of Criminal Petition, the High Courl may be pleased to stay all further proceedings including arresl of the petitioner herein/Accused No. 9 in Crime No. 253 o'f 2026 on the frle of First Class Judicial Itllagistrate, at Kosigi, Narayanpet District.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri B Shiva Kumar, Advocate for the Petitioner and Sri Jithender Rao Veeramalla. Additional Pubhc Prosecutor on behalf of the Respondents.
The Court made the following: ORDER
IN THE HIGH COURT FORTHE STATE OF TELANGANA
AT HYDERABAD
TIIE TIONOURABLE SRI JUSTICE J.SREENIVAS RAO
CRIMINAL PETITION No.16263 of 2026
CNR No. :HBHC010683432026
Date: 05.10.2026
Between:
Malekadi Naresh
...Petitioner
AND
The State of Telangana, and another.
Respondents
This Criminal Petition is filed seeking to quash the proceedings in FIR No.253 of 2026, on the file of the Maddu Police Station, Narayanpet, wherein the petitioner was arrayed as accused No.9, for the offences punishable under Sections 223,121 (1), 126 (2)
r/w. 3 (5) of the Bharatiya Nyaya Sanhitha, 2023 (for short 'BNS')
and Section 3 of Prevention of Damage to Public Property Act, 1984
(for short 'PDPPA').
2.
Heard Mr.B.Shiva Kumar, learned counsel lbr the petitioner and Mr.Jithender Rao Veeramalla, Iearned Additional Public Prosecutor lor respondents
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Order
3. Lealned counsel for the petitioner raised several grounds' but restricted his prayer requesting the Court to direct the lnvestigating Otficer to follou'the procedure as contemplated under Section 41-A of the Criminirl Procedure Code, 1973 (for short, .Cr..P.C.')/Section 35(-l) of the llharatiya Nagarik Suraksha Sanhita' 2023 (for short' 'B\:SS') and also the guidelines formulated by the Apex Court in Arnesh Kumur l/s. State of Bihart, since the ofl-ences levelled against the petitioner are punishable with imprisonment of less than sevrln years
4. Learned Additional Public Prosecutor submitted that the petitioner ma1 be directed to appear before the Investigating Officer' and on such appearancei the Investigating Officer will issue notice unier Section 41-A of the Cr.P'C lSection 35(3) of the BNSS The lnvostigating Officer rvill also follow the procedure as contemplated unc.er lalv
5. Taking into consideration the facts and circumstances of the case and the submissions made bv the respective parties' without exF,ressino any vieu' on the merits of the case. the petitioner/accused No 9 is clirected to appear before the Investigating OfFrcer, on or tlzot+1 8 scc ztz before 16.10.2026, and on such appearance, the Investigating Officer is entitled to issue notice under Section 41-A of the Cr.p.c./Section 35(3) of the BNSS and follow the guidelines issued by the Apex court in Arnesh Kumar supra. It is needless to mention that the petitioner/accused No.9 is entitled to put forth his grievance upon receipt of the notice under Section 35(3) of the BNSS and is also entitled to submit the documents, if any, which are in his possession. 3:: Accordingly, the Criminal petition is disposed of. Miscellaneous applications, pending if any, shall stand closed.
//TRUE COPYi/ SD/- A.H.S. GOWRI SHANKAR ASSISTANT REGISTRAR SECTION OFFICER G To '1. The First Class Judicial Magrstrate, at Kosigi, Narayanpet District.
2. The Station House Officer, police Station Maddur, Narayanpet District. 3 One CC to Sri B. Shiva Kumar. Advocate IOpUCI
4. Two CCs to pUBLIC PROSECUTOR High Court for the State of Telangana, at Hyderabad [OUT]
5. Two CD Copies BAiGNKw
HIGH COURT DATED: 0511012026
ORDER
CRLP.No.16263 of 2026 DISPOSING OF THE CRIMINAL PETITION 14: TA S E t-\
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