Telangana High Court
CRLP/15711/2026 of Kalakola Srinivas Vs The State of Telangana on 24 September 2026
THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE TWENry FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE J SREENIVAS RAO CRIMINAL PETITION N Oz 15711 OF 2026 Between: 1. Kalakola Srinivas, K.Krishnaiah, Aged about 50 yrs, Occ. Junror
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IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THURSDAY, THE TWENry FOURTH DAY OF SEPTEMBER
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE J SREENIVAS RAO
CRIMINAL PETITION NOz 15711 OF 2026
Between:
1. Kalakola Srinivas, K.Krishnaiah, Aged about 50 yrs, Occ. Junror Plant Attendant, TGGENCO, R/o H.No. 28-1-174, Karakavagu Village, Palwancha Mandal, Bhadradri Kothagudem District.
2. Kalakola Narmadha, Wo Kalakola Srinivas, Aged about 37 yrs, Occ.
Housewife, R/o H,No. 28-1-174, Karakavagu Village, Palwancha [Vlandal, Bhadradri Kothagudem District.
3. Banoth Lalitha, D/o Eerya, Aged aboul 42 yrs, Occ. employee, R/o H.No.31- 1 -7 t 1, Y enalrao Colony, Paloncha, Bhad radri Kothagudem District.
...Petitioners/Accuaed No.1 to 3
AND
1. The State of Telangana, Rep by its Public Prosecutor, High Court of Telangana at Hyderabad
2. Mallela Rajitha Kumari, Wo Krishnaiah, Aged about 53 yrs' Occ. Housewife, R/o H.No. 8-2-20411, Gattaigudem Village, Palwancha Mandal, Bhdradri Kothagudem District.
...Respondents/De-facto Complainant
l.A. NO: 2OF 2026
Petition under section 528 of B.N.S.S. praying that in the circumstances stated in the Memorandum of Grounds of criminal Petition, the High court may be pleased to stay all further proceedings including the arrest of the Petitioners/Accused No.1 to 3
in stay all further proceedings including the arrest of the Petitioners/Accused No.1 to 3 in irime No. 313/2016 of Paloncha Town Police Station, Bhadradri Kothagudem District, pending disposal of the main Criminal Petition.
Petition under section 528 of B.N.s.s. praying that in the circumstances stated in the Memorandum of Grounds of criminal Petition, the High court may be pleased to quash the proceedings against the Petitioners/Accused No.1 to 3 in Crime No'
313t2016 of Paloncha Town Police Station, Bhadradri Kothagudem District.
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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 Venkata Raghu Mannepalli, Advocate for the Petitioners and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor on behalf of the Respondent No 1 and None appeared for the Respondent No.2.
The Court made the following: ORDER
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO
CRIMINAL PETITION No.15711 of 2026
CNR No.HBHC010658812026
Date:24.09.2026
Between:
Kalakola Srinivas and 2 others
...Petitioners
AND
The State of Telangana, and another.
...Respondents
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ORDER
This Criminal Petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, (for short 'the BNSS') by the petitioners/accused Nos.l to 3 seeking to quash the proceedings in Crime No.3 13 of 2026 of Paloncha Town Police Station, Bhadradri Kothagudem District, registered for the offences punishable under Sections 296,351 (2) and 318 (4) r/w. 3 (5) of the Bharatiya Nyaya Sanhita, 2023 (for short 'the BNS'). I II
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2. Heard Mr.Venkata Raghu Mannepalli, leamed counsel for the petitioners and Mr.Jithender Rao Veeramalla, leamed Additional Public Prosecutor, appearing for respondent No. 1
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 any offence and have been falsely irnplicated in the present crime. The allegations levelled in the complaint are purely civil in nature and pertain to an immovable property. Respondent No.2 ought to have approached the competent civil Court; however, instead, he filed the present complaint by giving a criminal colour. Hence, continuation of the proceedings against the petitioners is a clear abuse of the process of law. He further submits that the olfences alleged against the petitioners are punishable with imprisonment of Iess than seven years. However, the Investigating Officer, without following the mandatory procedure prescribed under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short 'BNSS') and the guidelines issued by the Apex Court in Arnesh Kumar Vs. State t-J
of Bihart, ls proceeding with the investigation and the same ls contrary to law
5. Per contra, learned Additional Public Prosecutor submits that the petitioners, with a dishonest intention, received the amount from respondent No.2 and agreed to execute the sale deed in respect of the subject property. However, without executing the registered sale deed, they alienated the very same property in favour of third parties. The said allegation prima facie discloses a cognizable offence. Hence, the petitioners are not entitled to seek quashing of the proceedings However, the offences alleged against the petitioners are punishable with imprisonment of less than seven years. When the lnvestigating Officer tried to serve notice under Section 35(3) of the BNSS on the petitioners, they avoided receiving the notice and have not been cooperating with the investigation. Hence, the petitioners are not entitled to any relief.
6. By way of repiy, learned counsel for the petitioners submits that the petitioners will cooperate with the Investigating Officer. I lzot+1 e scc 273
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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 alleged against the petitioners are punishable with imprisonment of less than seven years and arise out of a dispute in respect of immovable property. Even according to the learned Additional Public Prosecutor, the Investigating Officer wants to follorv the procedure as contemplated under Section 35(3) of the BNSS and also the guidelines formulated by the Apox Court in Arnesh Kumar (supra)
8. In view of the same, the petitioners/accused Nos.l to 3 are directed to appear before the Investigating Officer on or before 10.10.2026, and on such appearance, the Investigating Officer is directed to issue notice under Section 35(3) of BNSS and follow the guidelines issued by the Apex Court in Arnesh Kumar (supra). It is needless to mention that the petitioners/accused Nos.1 to 3 are entitled to put forth their grievance upon receipt of the notice under Section 35(3) of the BNSS and are also entitled to submit the documents, if any, which are in their possession.
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9. Accordingly, the Criminal Petition is disposed of. Miscellaneous applications, pending ifany, shall stand closed //TRUE COPY// SD/. G ESWAR' ASSISTANT REGISTRAR SECTION OFFICER
To.'-,,. Tn" lll Additional Judicial First class Magistrate at Kothagudem.
2. The Station no""'"6mt"i -C"ron"ni Town Police Station' Bhadradri Kothagudem District' {^. +h6 e+ara nf relanoana. at
3. Two CCs to the Public Prosecutor' High Court for the State of Telangana' HYderabad [OUT]
4. One CC to Sri Venkata Raghu Mannepalli' Advocate IOPUCI
5. Two CD CoPies GNK
HIGH COURT DATED: 24t0912026
ORDER
CRLP.No.15711 ol 2026 DISPOSING OF THE CRIMINAL PETITION f' lo ll { 010tr zffi 1 HE SIc1 @\ \J