Telangana High Court

CRLP/15183/2026 of Janampati Srinu, Vs The State of Telangana, on 24 September 2026

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE J SREENIVAS RAO CRIMINAL PETITION NO: 15183 OF 2026 Between: 1. Janampati Srinu, S/o Anlaiah, aged about 29 years, Occ. Pvt.

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

THURSDAY, THE TWENTY FOURTH DAY OF SEPTEMBER

TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE J SREENIVAS RAO

CRIMINAL PETITION NO: 15183 OF 2026

Between:

1. Janampati Srinu, S/o Anlaiah, aged about 29 years, Occ. Pvt. Employee, R/o.

Kuppagandla Village, Veldanda fi/andal, Nagarkurnool District.

2. Avula Saidulu, S/o. Pedda Venkatah, aged about 35 years, Occ: Salesman, R/o. Kuppagandla Vrllage, Veldanda l\rlandal, Nagarkurnool District.

3. Jangaiah Ardeshi alias Gowtham Vasudev, S/o. Late Bikshapati, aged about 1B years, Occ: Student, R/o. Ktippagandla Village, Veldanda Mandal, Nagarkurnool District.

4. Janampati Anjamma, D/o. Anjaiah, aged about 24 years, Occ: Journalist, R/o Kuppagandla Village, Veldanda Mandal, Nagarkurnool District.

5. Janampati Yellamma, Wo Anjaiah,'aged about 65 years, Occ. Household, R/o. Kuppagandla Village, Veldanda lvlandal, Nagarkurnool District

...PETITIONERSiACCUSED NO.1 to 5

AND

1. The State of Telangana, Rep. by Public Prosecutor, High Court of Telangana, at Hyderabad n,.ResPondent

2. Janampati Yellajah, S/o. Rajaiah, aged about 65 years, Occ Kuppagandla Village, Veldanda [\4andal, Nagarkurnool District Farmer, R/o

...RESPONDENT/COMPLAINANT

Petition under section 528 of BNSS praylng that tn the circumstances stated in the l\,4emorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the FIR No. 142 of 2026, of Veldanda Police statron, Nagar Kurnool District, pending on the file of Judicial t\/agistrate of First Class' Kalwakurthy for the offences punishable under section 118(1), 115(2),329(3), 325(5) R/w 3(5) of BNS, 2023, pending disposal as this Honoruable court feels deem fit and proper in the facts and circumstances of the case in the interest of justice.

l.A. NO: 2 OF 2026

Petitron under Section 528 of BNSS praying that in the circurnstances stated in the lvlemorandum of Grounds of Criminal Petition, the High Court may be pleased to grant stay of all further proceedings in FIR No. 142 of 2026, of Veldanda Police Station, Nagar Kurnool Distrrct, pending on the file of the Judicral Magrstrate of First Class, Kalwakurthy for the offences punrshable under section 1 18(1) 1 15(2) 329(3), 325(5) R,'w 3(5) of BNS 2023

This Petition comrng on for hearing, upon perusing the l/emorandum of Grounds of Crrnrinal Pelition and upon hearing the arguments of Smt. T SANDHYA

RANI. Advocate for the Petrtioner and Srr Jithender Rao Veeramalla, the Addl. Public Prosecutor on behalf of the Respondent No.1 and none appeared on behalf of the Respondent No.2.

The Court made the following: ORDER

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

THE HONOURABLE SRT JUSTICE J.SREENIVAS RAO

CRIMINAL PETITION No.15183 of 2026

CNR.No.HBHC010636132026

Dzte:24.09.2026

Between:

Janampati Srinu and 4 others

...Petitioner

AND

The State ofTelangana and another

...Respondents

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ORDER

This Criminal Petition has been fi1ed by the petitioners/accused Nos.l to 5 seeking to quash the proceedings 1n 142 of 2026 of Veldanda Police Station, Nagarkumool District, registered for the offences punishable under Sections 118(1), 11.5(2),329(3) and 324(5) rlw 3(5) of the Bharativa Nyaya Sanhita,2023 (for shor1, 'BNS').

2. Heard Ms.T.Sandhya Rani, learned counsel for the petitioners and Mr.Jithender Rao Veeramalla, leamed Additional Public Prosecutor for respondent No.1 .

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3. ['ith their consent, the criminal petition is disposed of at the stage of admission

4. Learned counsel for the petitioners submittecl that the petitioners have not committed the alleged offence and have been falsely implicated in the present crime by making omnibus allegations. 'Ihe allegations levelled in the complaint are purely civil in nature. Even according to the allegations made in the complaint, the ingredients of Sections 118(1), 115(2), 329(3), and 324(5) read with Section 3(5) of the BNS are not attracted against the petitioners. He further'submitted that the petitioners ancl respondent No.2 are family members who are having agricultural land in Sy.No.34l/Lu12, to an extent of 3i guntas, situated at Kuppagandia Village, Veldanda Mandal, Nagarkurnool District, and civil disputes are pending betu,een thern. In order to settle the civil disputes, respondent No.2 filed the present complaint by giving it a criminal coiour. He further subrnitted that the petitioners had approached this Court and filecl W.P.No.13768 of 2020, wherein respondent No. 2 was also arrayed as a party respondent, and the said writ petition was disposed of by this Court on 30.10.2025. He furlher submitted that, even according to the allegations levelled in the complaint, the alleged incident took place on 03.09.2026 at 13:00 hours, whereas respondent No.2 hled the present complaint on 04.09.2026 at 15:00 hours, after a delay of one day, without assigning any reasons for the said delay. Hence, the continuation of proceedings against the petitioners is a clear abuse of the process of law.

4.1. He further submits that the offences levelled against the petitioners are punishable with imprisonment of less than seven years and the Investigating Ofhcer, without following the mandatory procedure prescribed under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') and without following the guidelines formulated by the Hon'ble Supreme Court in Arnesh Kumar Vs. State of Bihart, ts proceeding further in the matter and the same is contrary to law

5. Per contra, the leamed Additional Public Prosecutor submits that there are specihc allegations levelled in the complaint that the petitioners trespassed into the property of '(zo r+) a scc zz:

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respondent No.2 and beat respondent No.2 and others. Whether the allegations levelled in the complaint are true or not the same has to be revealed during the course of investigation especially the investigation is under progress. The petitioners are not entitled to seek quashment of the proceedings against them at thls stage. Horvever, since the offences alleged the petitioners are punishable with imprisonment of less than seven years, the Investigating Officer intends to follow the procedure contemplated under Section 35(3) of the BNSS and the guidelines laid down by the Hon'ble Apex Court in Arnesh Kumar (supra). However, the petitioners are avoiding receipt of notice under Section 35(3) of the BNSS and are not cooperating with the lnvestlsatlon

6. By rvay of reply, learned counsel for the petitioners subrnitted that petitioners will cooperate with the investigation, and subrnit their replyi explanation along with relevant documents. He further submitled that the lnvestigating Officer may be directed to follow the due procedure as contemplated under the provisions of agalnst the UNSS

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7 . Having considered the rivai submissions made by the respective parties and upon perusal of the material available on record, it reveals that the petitioners and respondnet No.2 are none other than family members. The record further discloses that the offences levelled against petitioners are punishable with imprisonment of less than seven years. Even according to the leamed Additional Public Prosecutor, the Investigating Ofhcer 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. Taking into consideration the peculiar facts and circumstances of the case, the petitioners are directed to appear before the Investigating Off,rcer on or before 06.10.2026 and the Investigating Off,rcer is directed 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). lt is needless to mention that the petitioners are entitled to put forth their grievance, if any, upon receipt of notice under Section 35(3) of the BNSS, and produce all documents available with them before the Investigating Officer. The petitioners shall also cooperate u ith the investigation.

Accordingly, the Criminal petition is disposed of_ Miscellaneous applications, pending if an1,, shall stand ciosed SD/. P.C. SULEKHA DEVI ASSISTANT REGISTRAR ,TRUE COPY/i SECTION OFFICER

1. The Judicial of First Class lVlagistrate] Kalwakurthy

2. The Station House Officer, Police Station Veldanda Police Station, Nagar Kurnool District 3 Turo CCs to PUBLIC PROSECUTOR Hrgh Court for the State of Telangana, at Hyderabad [OUT] 4 One CC to Smt. T SANDHYA RANI Advocate [OPUC] 5 Tu,o CD Copies TPK/GN-K To,

HIGH COURT DATED: 2410912026 5, $E CF r; 1l

ORDER

CRLP.No.15183 ot 2026 DISPOSED OF THE CRIMINAL PETITION 4cq;"' ? c z .v. , -Ol', iO' ^b r$ 'l -.) x\ ,.1 C:',/ f:9 )

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