Telangana High Court
CRLP/17971/2025 of Pendyala Nageshwar Rao Vs The State of Telangana on 31 December 2025
COURT FOR THE STATE OF TELANGANA // AT HYDERABAD WEDNESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION NO: 1797'l OF 202s Between: Pendyala Nageshwar Rao, S/o Tirupathi Rao Aged 48 years, Occ Business R/o
IN THE HIGH COURT FOR THE STATE OF TELANGANA // AT HYDERABAD
WEDNESDAY, THE THIRTY FIRST DAY OF DECEMBER
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SMT JUSTICE TIRUMALA DEVI EADA
CRIMINAL PETITION NO: 1797'l OF 202s
Between:
Pendyala Nageshwar Rao, S/o Tirupathi Rao Aged 48 years, Occ Business R/o H.No 11-14-261141501 , Gayathn Nilayam, Chitra layout, beside Ranga Reddy District Court, L.B.Nagar, Saroornagar, Ranga Reddy.
... Petitioner/Accused
AND
'1 . The State of Telangana, rep. by the Public Prosecutor High Court of Telangana, Hyderabad.
2. M. Hanumanth Rao Goud, S/o Satyanarayana, Aged 42 years, Occ Business R/o Flat No.202, Sujana Residency Chitra layout, beside Ranga Reddy District Court, L.B.Nagar, Saroornagar, Ranga Reddy .RespondenUComplainants Petition under Section 528 ot BNSS Act, 2023 praying that in the crrcumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to Quash Crime No 1337 of 2025 dated 2511212025
on the file of L.B. Nagar Police Station, Rachakonda.
l.A. NO: 2 OF 2025
Petition under Section 528 of BNSS Act, 2023 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 and including arrest of petitioner in Crime No. 1337 of 2025 daled 25.12.2025 on the file of L.B. Nagar Police Station, Rachakonda, pending disposal of the above criminal petition.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Mr S CHANDRA MOHAN REDDY, Advocate for the Petitioner and Mr.
JITHENDER RAO VEERAMALLA, the Additional Public Prosecutor on behalf of 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 TELAN(.ANA AT
HYDERABAD
THE HON,BLE SMT. JUSTICE TIRUMALA DEV :ADA
CRIMINAL PETITION No.17971 of 2025
Date:31.12.2025
Between
Pendyala Nageshwar Rao
retitioner
AND
The State of Telangana,
Rep. by the Public Prosecutor,
High Court of Telananga, Hyderabad and another Re: pondents
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
This Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for shcr 'BNSS') by the petitioner/accused seeking to quash the proceer ngs against him in Crime No 1337 of 2025 on the file of L.Bllagar Police Station, Rachakonda District, registered for the alle,r ed offences punishable under Sections 126 (2), 115 (2) an,j 351 (2) of Bharatiya Nyaya Sanhita ,2023 (Ior short'BNS'). \.
a ETD, J ( rlP 17971 2025
2. Heard tt/lr.S.Chandra tVohan Reddy, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent No.'l .
3. Though this petition is filed for quashing the proceedings in the crime, during the course of arguments, learned counsel for petitioner has sought for directions to the Police to proceed with investigation by issuing nottce under Section 35(3) of BNSS (Previously Section 41 -A of Cr.P.C.).
4. Learned Additional Public Prosecutor has not disputed the same
5. Considering the submissions of both the counsel and on perusal of the material available on record, it is seen that the allegations are under Sections 126 (2), 115 (2) and 351 (2) of BNS and the punishment prescribed for the said offences alleged against the petitioner is less than seven (07) years. Hence, without going into the merits of the case, this Court deems it appropriate to direct the petitioner to appear before the lnvestigating Officer on or before 28.01 .2026 between 11:00 a.m. and 05:00 p.m. and in turn, the lnvestigating Officer is directed to follow the procedure laid down under Section 35 (3) of the BNSS ,.,.,
( rl.l'} 1797 ID,.I 102 5 (previously section 41-A of Criminal Procedure Corir , 1973) and also the guidelines formulated by the Hon'ble Supr e me Court of lndia in Arnesh Kumar v. State of Biharl crupulously. However, the petitioner shall submit his defense a I I co-operate with the lnvestigating Officer as and when required ry furnishing information and produce all relevant documents/mat rrial required for the purpose of the investigation and the lnvest 1 ating Officer shall consider the same and shall complete the investigation strictly in accordance with law.
6. lf the petitioner fail to appear before the lnvestigating Officer, within the stipulated time, the Investigari rg Officer is entitled to take steps in accordance with law
7. With the above said observations, this Crirnir al Petition is disposed of As a sequel, the miscellaneous petitions p,: tding, if any, shall stand closed SD/ ,I. OSMAN ALI BAIG ASI; STANT REGISTRAR To, //TRUE COPY// SECTION OFFICER
1. The ll Addl. .Judicial Magistrate-cum-Addl Ranga Reddy. Junior Civ I Judge at L.B. Nagar,
2. The Station House Officer, L.B.Nagar Police Station, FI chakonda ,E-ry I i
3. Two CCs to the Public Prosecutor, High Court {or the State of Telangana, at Hyderabad [OUTI
4. One CC to tvlr. S CHANDRA MOHAN REDDY, Advocate [OPUC]
5. Two CD Copies tM/ \
E
f HIGH COURT DATED: 3111212025
ORDER
t As \\" ) ,l *.\s * F, o LI CRLP.No.17971 ot 2025 Accordingly, this Criminal Petition is E) sposed of. ,L I /
a .l
T