Telangana High Court

CRLP/15825/2026 of Nallabolu Chandra Reddy Vs State of Telangana on 28 September 2026

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Reddy, S/o Bikshmaiah Aged 45 years Rio Jakkepalli V[rug" lirtrrrnchi lt/la nd al Khammam D istrict ...PETITIONER/ACCUSED [ 3303 ] hi Mandal Khammam District ...RESPONDENTS/COMPLAINANTS IN THE HIGH COURT FOR THE STATE OF TELANGANA.. AT HYDERABAD IVIONDAY, THE IWENTY EIGHTH DAY OF SEPTETVBER

Nallobolu Chandra Reddy, S/o Bikshmaiah Aged 45 years Rio Jakkepalli V[rug" lirtrrrnchi lt/la nd al Khammam D istrict

...PETITIONER/ACCUSED

hi Mandal Khammam District

...RESPONDENTS/COMPLAINANTS

IN THE HIGH COURT FOR THE STATE OF TELANGANA

..

AT HYDERABAD

IVIONDAY, THE IWENTY EIGHTH DAY OF SEPTETVBER

rWO THOUSAND AND TWENTY SIX

Betwee n:

AND

l.A. NO: 2 oF 2026

lnguva Uma, Wo Prasad

Jakkepalli Village Kusumanc

PRESENT

THE HONOURABLE SRI JUSTICE J SREENIVAS RAO

CRIMINAL PETITION NO:158 25 0F 2026

State of Telangana, rep by PP High Courl Hyderabad Varma Aged 42 Years Occ House wife R/o petition under section 52g of BNSS praying that in the circumstances stated in the lt/emorandum ot c'ounOl?;trm;; p"titoi' tf'".ninh Court mav be pleased to quash the proceedings i;";; N;i;t oI 2026 of K"usumanchi Polrce Station Khammam District- petition under section 52g of BNSS prayrng that in the circumstances stated rn the lVlemorandu. or c'o'nal?;#;; Ftiiiion" tn" Hioh Court mav be pleased to stay of all further proceedi"g."iJ;r.i.irzsi it zoza of i(usumanchi Police Station, Khammam District'

This petition coming on for hearing. upon perusino the Memorandum of Grounds of criminal e"tit'oln "''lo'ip;ff;;;"s il ulgurn"nit of Sri P PRABHAKAR

RFDDy, Advocate r"r. ,n" pili,i#"", un"JsiiLi*,"nd"er Rao Veeramalla the Addl'

Publrc Prosecutor on behalf oiir.lJ'altp""O""t No 1 and none appeared on behalf of the Respondent No 2'

The Court made the following: ORDER

IN THE HIGII COURT FOR THE STATE OF TELANGANA

AT ITYDERABAD

THE HONOURABLE SRI JUSTICE J.SREENTVAS RAO

CRIMINAL PETITION No.15825 of 2o26

(CNR.No. HBHCO 1066447 2o26l.

Date: 28.O9.2o.26

Between:

Nal.lobolu Chandra Reddv

..Petitioner

AND

Inguva Uma and another

...Respondents

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ORDER

This Criminal Petition has been filed by the petitioner/accused seeking to quash the proceedings in FIR No.253 of 2026 of Kusumanchi Police Station, Khammam, registered for the offences punishable under Sections 296(bl and 74 of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS).

2. Heard Mr.P.Prabhakar Reddy, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent No.2.

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

4. Learned counsel for the petitioner submitted that the petitioner has not committed the alleged offence and has been falsely implicated in the present crime by making omnibus allegations solely on the ground that the petitioner is discharging his services as Village Sarpanch of Jakkepalli Village, Kusumanchi Mandal and the petitioner not assaulted the respondent No.1. He further submitted that the ingredients for the offences under Sections 2g6(bl and.74 of BNS are not attracted against the petitioner. Respondent No.1 with a political rivalry lodged the present complaint by making omnibus allegations. He further submit that the offences levelled against the petitioner are punishable with imprisonment of less than seven years' The a Investigating Officer, with an intention to avoid following the mandatory procedure prescribed under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, "BNSS"), and the guidelines fornrulated by the Honble Supreme Court in Arttesh Kumar Vs. State of Biharr. Hence, the continuation of proceedings against the petitioner is a clear abuse of the process of law.

5. Per contra, the learned Additional public Prosecutor submitted that there are specific allegations levelled in the complaint about the assztult made by the petitioner against her. Whether the allegations levelled in the complaint are true or not has to be revealed during the course of investigation. He further submitted that the investigation is at the threshold. The Investigating Officer intends to follow the procedure contemplated under Section 35(3) of the BNSS and the guidelines r(101,1' 8 SCC l7l laid down by the Hon'ble Apex Court in Artesh Kumar (supra).

7. Having considered the rival submissions made by the respective parties and upon perusal of the material available on record, it reveals that petitioner is none other than the Sarpanch of Jakkepalli Village. The specific case of the petitioner is that the respondent No.1 hled the present complaint within a political rivalry and the same will be revealed during the course of investigation. The record further discloses that the offences levelled against the petitioner are punishable with imprisonment of less than seven years.

8. Taking into consideration the peculiar facts and circumstances of the case, the petitioner is directed to appear before the Investigating Officer on or before 12.10.2026 and the Investigating Officer is directed to follow the procedure contemplated under Section 35(3) of thd BNSS and follow the guidelines issued by the Apex Court in Arnesh Kumar (supra). It is needless to mention that the petitioner is entitled to put forth his grievance, if any, upon receipt of notice under Section 35(3) of the BNSS, and produce all documents available with him before the Investigating Officer. The petitioner shall also cooperate with the investigation.

9. Accordingly, the Crimina_l petition is disposed of. Miscellaneous applications, pending if any, shall stand closed. To //TRUE COPY// '^?;t,"iii,'AiltyAXI G SECTION OFFICER

1. Thr: Judicial t\riagistrate 2 Thr: station Hor." oti,.ll Frrst class (Spl lvobile) at Khammam 3 rw,: ccs to pUBLrc ,rl f '""rnchi porrce srar at Hyderabad [our] RosEcuro; ;;r;;J;;"" Khamrnam Djstricr

4. onecc to sRI p 'RABHAT<Aa ,_:^..':" ""un tor the state of rerangana, 5 Twc, cD copies iHAKAR REDDY Advocate 1opucl I PK,GNK &s

HIGH COURT DATED: 2810912026

ORDER

CRLP.No.15825 of 2026 iTF, i,r. { C-i G o 05 0iI 2$2$ CRIMINAL PETITION IS DISPOSED OF 8':o?es 11to /21 R? !

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