Telangana High Court
CRLP/15733/2026 of Janpally Gopal Vs The State of Telangana on 29 September 2026
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE TWENTY NINTH DAY OF SEPTEIMBER TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE J SREENIVAS RAO CRIMINAL PETITION NOS: '15685 15733 AND 1s891 0F 2026 CRIMINAL PETITION NO: 15685 OF 2026 Between: J Praveen, S/o.
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
TUESDAY, THE TWENTY NINTH DAY OF SEPTEIMBER
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE J SREENIVAS RAO
CRIMINAL PETITION NOS: '15685 15733 AND 1s891 0F 2026
CRIMINAL PETITION NO: 15685 OF 2026
Between:
J Praveen, S/o. Late J. Narahari, Aged 45 years, R/o. H. No.4-6i4, Plot No.
26tP , 3rd f loor, Laxmi Nivas, Laxmi Nagar Colony, Hydershakote, Bandlaguda Jagir, Ranga Reddy, Telangana
AND
1. The State of Telangana, Represented by its Public Prosecutor, High Court for the State of Telangana, Hyderabad
2. Lakshman Rao, S/o. Late Prabhakar Rao, Age 54 years, Occ Private Employee, R/o. H No. 3-4411, Mud uchinthalapally, Kolthur, Medchal, Malkajgiri, Telangana
...RESPONDENTS/COMPLAINANTS
Petition under Section 528 of BNSS praying that in the circumstances stated in
the l\4emorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings the proceedings against Petitioner lA2 in Crlme No 605/2026 on file of Rajendra Nagar Police Station under sections 329(3),32a$), and 351(2) rlw 3(5) Bharatiya Nyaya Sanhita (BNS), dated 19-05-2026.
the lvlemorandum of Grounds of Criminal Petition, the High Court may be pleased to Stay all further proceedings in Crime No. 605/2026 under 329(3), 324@), and 351(2)
r/w 3(5) Bharatiya Nyaya Sanhita (BNS), dated 19-05-2026 on file of Rajendranagar Police Station, Hyderabad, issued against Petitioner / A2.
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CRIMINAL PETITION NO: 15733 OF 2026
Between:
Janpally Gopal, S/o Late. Swamy Aged 64 years R/o. H. No 9-3'1 . Hyderashakote Gandamguda Road Bandlaguda Jagir Ranga Reddy. Telangana.
AND
1. The State of Telangana, Represented by its Public Prosecutor High Court for the State of Telangana Hyderabad
2. Lashman Rao. S/o. Late Prabhakar Rao Age 54 years Occ Private Employee R/o. H No.3-4411 lVuduchinthalapally Kolthur l\,4edchal IValkajgiri Telangana.
...RESPONDENT/COMPLAINANTS
Petition under Section 528 of BNSS praying that in the crrcumstances stated tn the lVlemorandum of Grounds of Criminal Petition, the High Court may be pleased quash the proceedings the proceedings again Petrtioner / Al in Crime No. 60512026
on fie of Rajendra Nagar Police Station und.er section 329(3) 324(4), and 351(2) rlw 3(5) Bharatiya Nyaya Sanhita (BNS) dated 19-05-2026.
Petrtion under Section 482 of Cr. P.C praying that in the crrcumstances stated in the [t/lemorandurn of Grounds of Criminal Petition, the High Court nray be pleased to Stay all further Proceedrngs in Crime No. 605/2026 under 329(3), 32a@), and 351(2)
r/w 3(5) Bharatrya Nyaya Sanhita (BNS), dated 19 05.2026 on file of Rajendranagar Police Station, Hyderabad, issued against Petitioner / A1 .
CRIMINAL PETITION NO: 15891 OF 2026
Between:
Srikanth, S/o. Late J. Srrhari, Aged. 35 years, R/o. H. No. 9-31, Hyderashakote, Gandamguda Road, Bandlaguda Jagir, Ranga Reddy, Telangana.
AND
1. The State of Telangana, Represented by its Pubhc Prosecutor, High Court for the State of Telangana, Hyderabad
2. Lashman Rao, S/o. Late Prabhakar Rao, Age. 54 years, Occ private Employee, R/o. H. No. 3-44l'l , IVlud uch intha la pally, Kolthur, Ir/edchal, Malkajgiri, Telangana
...RESPONDENTS/COMPLAINANTS
the Memorandum of Grounds of criminal Petition, the High court may be pleased to quash the proceedings the proceedings against Petitioner / 43 in Crlme No 605t2026 on file of Rajendra Nagar Police Station under sections 329(3),324@). and 351(2) r/w 3(5) Bharatiya Nyaya Sanhita (BNS), dated 19-05-2026
l.A. NO: 2 OF 2026
Petition under section 528 of BNSS praying that in the circumstances stated rn the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to Stay all further proceedings in Crime No 605/2026 under 329(3), 324(4)' and 351(2)
r/w 3(5) Bharatiya Nyaya Sanhita (BNS), dated 19-05-2026 on file of Rajendranagar Police Station, Hyderabad, issued against Petitioner / 43.
These Petitions coming on for hearing, upon perusing the lvlemorandum of Grounds of Criminal Petitions and upon hearing the arguments of Sri SUBRAIUANYAM DARABOINA, Advocate for the Petitioner and Sri Jithender Rao Veeramalla, the Addl. Public Prosecutor on behalf of the Respondent No.'i and none appeared on behalf of the Respondent No.2 in all three cases.
The Court made the following: ORDER
IN THE HIGH COURT FOR THE STATE OF TEI,ANGANA
AT HYDERABAD
THE HON'BLE SRI JUSTICE J.SREENIVAS RAO
CRIMINAL PETITION No.15685 of 2026
(CNR.No.IIBHC0l06597 12026)
CRIMINAL PETITION No.15733 of 2026
(C NR.No.IIB HC0r06597 22026)
CRIMINAL PETITION No.15891 of 2026
(CNR.No.HBHC0 10660102026)
DATE OF ORDER:29.09.2026
CRIMINAL PETITION No.l5685 of 2026
Between:
J.Praveen
...Petitioner/Accused No.2
AND
The State of 'l'elangana
rep. by its Public Prosecutor
High Court for the State of Telangana, Hyderabad & anotl.rer . . . Respondents CRIMINAL PETITION No.15733 of 2026
Belween:
Janpally Gopal
...Petitioner/Accused No. 1
AND
The State ofTelangana
rep by its Public Prosecutor
High Court for the State of Telangana, Hyderabad & another . . . Respondents CRIMINAL PETITION No.l5891 of 2026
Between:
Srikanth
...Petitioner/Accused No.3
AND
The State ofTelangana
rep. by its Public Prosecutor
High Court for the State of Telangana, Hyderabad & another . - . Respondents z r5R,j Cn.P.No. 15645,fi 733 & 1539r of 2026
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COMMON ORDER:-
1. These three Criminal Petitions are filed under Section 528 of Bharatiya Nagarik Suraksha Sanhitha (BNSS), 2023, seeking the Court to quash the proceedings against the petitioners, who are arrayed as accused Nos.l to 3 in Crime No.605 of 2026, on the file of Rajendranagar Police Station, Hyderabad, registered for the offences punishable under Sections 329(3),324(4),351(2) read with 3(5) of Bharatiya Nyaya Sanhitha (BNS), 2023.
2. Heard Sri Daraboina Subramanyam Yadav, leamed counsel for the petitioners/accused Nos.l to 3 and Sri Jithender Rao Veeramalla, the leamed Additional Public Prosecutor appearing for the respondent No.1-State.
3. Sri Daraboina Subramanyam Yadav, learned counsel for the petitioners submits that the petitioners have not committed any offence and that they were falsely implicated in the present crime Even according to the allegations levelled in the complaint, the ingredients for the offences under Sections 329(3),324(4),351(2) read with 3(5) of BNS, 2023 are not attracted against the petitioners. The nature of the allegations levelled in the complaint are purely civil in nature, which are in respect of agricultural lands covered under E17
rsR! ar.P.Nos 15635,15733 & 1s391 o12025 Sy.Nos. 176, 17615, 11612, 17616 and 177, situated at Fortune Meadows Layout, Kismatpur Village, Rajendranagar Mandal, Ranga Reddy District. The petitioners/accused Nos.1 & 2 ha<l approached the learned II Additional District & Sessions Judge, Ranga Reddy District, L.B.Nagar and filed Suit in O.S.No.464 of 2021 against Mr.J.Pandu and others seeking partition and separate possession. In the said Suit, t.A.No.784 of 2021 was filed under Order 39 Rule I & 2 C.P.C. and the learned Trial Court granted interim order on 05.11.2021 directing both the parties to maintain status-quo and the saicl status quo order is still continuing and therefore. the question of trespassing the petitioners into the subject property, as alleged by the respondent No.2, does not arise. Hence, continuation of proceedings against the petitioners is a clear abuse ofprocess of law.
4. Learned counsel for the petitioners further submitted that the offences levelled against the petitioners are punishable wrth less than seven years of imprisonment. The Investigating Officer, without following the mandatory procedure prescribed under Section 35(3) of BNSS and without following the guidelines formulated by the
JsR, Cn P Nor 1564s,15733& 1s391o12026 Hon'ble Apex Court in Arnesh Kumar Vs- State of Bihart, 1S proceeding with the investigation, which is contrary to law.
5. Per contra, the leamed Additional Public Prosecutor submits that there are specific allegations levelled in the complaint. The petitioners, without having any manner of right, are trying to trespass into the property and demolished the compound wall and two iron gates. The said allegations prima facie disclose cognizable offence against the petitioners, especially, neither the defacto complainant nor the original owner namely Rupireddy Srinivas Reddy are not made as parties in the Suit O.S.No.464 of 2021 and pendency of the civil suit is not a bar to prosecute the penal proceedings. However, the Investigating Officer had already issued notice under Section 35(3) of BNSS to the petitioner/accused No.3 on 03.06.2026. When the Investigating Offlcer tried to serve notice on the petitioners/accused Nos.l & 2, they are evading to receive the said notice and are not cooperating with the investigation from the date of registration of the crime i.e. on 19.05.2026.
6. Having considered the rival submissions made by the respective parties and upon pelusal of the material available on record, it reveals \zora1 a scc zza C-I'
a P No!.15635,15733 & 1539r of 2026 that the petitioners are claiming rights over the property as successors and the accused Nos.1 & 2 fled a Suit in O.S.No .464 of 2021 before the leamed ll Additional District and Sessions Judge, Ranga Reddy District at I-.B.Nagar seeking partition and separate possession. However, the defacto complainant and the original owner namely Rupireddy Srinivas Reddy are not made as parties in the said suit. Wrether the allegations in the complaint are true or not will be revealed during the course of investigation. The offences levelled against the petitioners are punishable with less than seven years of imprisonment. Even according to the learned Additional Public Prosecutor, the Investigating Officer had already served notice under Section 35(3) of BNSS to the accused No.3 on 03.06.2026 and the Investigating Officer wants to follow the same procedure in respect of petr tioners/accused Nos.1 & 2 as well.
7. Taking into consideration of the above said submissions made by the respective parties, this Couft is of the considered view that the Investigating Officer ought to have followed the very same procedure in respect of the petitioners/accused Nos.i & 2 as well. Hence, the Investigating Ofhcer is directed to follow the due procedure as contemplated under Section 41-A of the Cr.P.C./Section 35(3) of the - lsR,J C P No5 15645,15733 & 15391ot2026 BNSS and also the guidelines formulated by the Hon'ble Apex Court in Arnesh Kumar supra. It is needless to mention that the petitioners are entitled to put forth their grievances by raising all the pleas which are available to them and are also entitled to submit the documents, if any, which are in their possession ard shatl cooperate with the lnvestlgatlon
8. With the above said directions, the Criminal Petitions are disposed of accordingly Miscellaneous petitions pending, if any, shatl stand closed. SD/-C. DEEPIKA " ASSISTANT REGISTRAR //TRUE COPY//
&u;. To, SECTIO
1. The Xl Addl. Judicial Magistrate of First Class, Rangareddy District, at Rajendranagar. 2 The Station House Officer, Rajendra Nagar Police Station, Hyderabad
3. Two CCs to PUBLIC PROSECUTOR High Cou( for the State of Telangana, at Hyderabad [OUT]
4. One CC to SRl. SUBRAMANYAIM DARABOINA Advocate [OPUC] 5 Two CD Copies TPt</GNK Y4-
HIGH COURT DATED: 2910912026 t{E 5I4 \ tI 'r.tJ i\ n,\ i-J t5 nrl 2[6 t':
COMMON ORDER
CRLP.Nos.15685, 15733 and 15891 of 2026 CRIMINAL PETITIONS ARE DISPOSED OF ..'D(eL (_! \ Y1- ..rc46
..!.