Nellotla Ramchander, v. The State Of Telangana,
[ 33031
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD WEDNESDAY, THE SEVENTEENTH DAY OF JUNE TWO,THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE J SREENIVAS RAO CRIMINAL PETITION NO: 7507 OF 2026 Between:
1. Nellotla Ramchander, S/o Rajayya, Aged about 47 yearc, Occ: Jotrnalist, FUo Narsampet Village and Mandal, Warangal District, Telangana.
2. Srikanth Nellotla,, S/o Kesshavulu, Aged 30 Years, Occ: Agriculture R/o . Peddaellapur (V), Ganagaram (M), Mahabuhabad District, Telangana.
...Petitioner/Accused no. I & 2
AND 'L The State of Telangana, Through P.S. Kothaguda Rep. by Public Prosecutor High Court for the State of Telangana,Hyderabad.
2. P. Ganapathi Rao, S/o not known to the Petitioners, Aged about Major, Occ: Head Constable No.1462, Ganganaram Police Station, Telangana
...Respondents
Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records pertain to the FIR No.33 of 2026 dated 14.04.2026 on the file of Kothaguda Police Station Quash against the petitioners Hold that the impugned FIR No.33 oI2O26 is false, malicious, abuse of process of law. l.A. NO: 2OF 2026 Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further investigation in FIR No.33 ot 2026 dated. 14-04-2026 including arret of the petitioners.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of Sri A Rajashekar Reddy, counsel representing sri Gundlapalli v s s s sruthi, Advocate for the Petitioners and Sri Jithender Rao Veeramalla, the Additional Public Prosecutor on behalf of the Respondent No. 1 and none appeared for the Respondent No.2. The Court made the following: ORDER
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.7SOT of 2o.26 DATE: L7.O6.2O26 Between :
Nellotla Ramchander and another ....Petitioners AND The State of Telangana and another ....Respondents :ORDER:
This Criminal Petition has been filed by the petitioners/accused Nos.I and 2 under Section 528 of the BNSS, seeking to quash the proceedings in F.l.R.No.33 of 2026 of Kothaguda Police Station, Mahabubabad District, registered for the offence punishable under Section 221 read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, 'the BNSJ.
2.
Heard Mr. A. Rajashekar Reddy, learned counsel representing Ms.G.V.S.S. Sruthi, learned counsel for the petitioners, and Mr. Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent No.I -State.
3.
With the consent of both counsel, the criminal petition is disposed of at the admission stage.
4.
Learned counsel for the petitioners submitted that the petitioners have not committed any offence and have been falsely implicated in the present crime. Even according to the allegations made in the complaint, the ingredients of the offence under Section 221 of the BNS are not attracted. Hence, the continuation of the proceedings against the petitioners is a clear abuse of the process of law. He further submitted that the offence alleged against the petitioners is punishable with imprisonment of less than seven years. However, the Investigating Officer, without following the mandatory procedure prescribed under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'BNSS), the guidelines issued by the Apex Court in Arnesh Kumar Vs. State of Biharl, is proceeding with the investigation and the same is contrary to law. 5.
Per contra, learned Public Prosecutor submitted that there are specific allegations levelled against the petitioners in the complaint. The Investigating Officer has already issued notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, the BNSS') on 20.05.2026, as the imprisonment prescribed for the offence levelled against the petitioners is less than seven years. The petitioners are entitled to put forth their grievance before the Investigating Officer, on the other hand filed the present criminal petition. He lurther submitted that the Investigating Officer has '1zot+)8 scc 273 \
recorded the statements of LWs.1 to 5 and the investigation is under progress.
6.
Having considered the rival submissions made by the respective parties and upon perusal of the material available on record, it reveals that the offence levelled against the petitioners is punishable with imprisonment up to seven years. Even according to the learned Additional Public Prosecutor, the Investigating officer has already issued notice under Section 35(3) of the BNSS to the petitioners on 20.05.2026.
7.
In view of the same, the petitioners are entitled to put forth their grievance and also submit the documents, if any, which are in their possession.
8.
Subject to the above directions, the criminal petition is disposed of.
Miscellaneous applications, pending if any, shall stand closed. SD/. T.SRINIVASA REDDY ASSISTANT REGISTRAR //TRUE COPY/ SECTION OFFICER To, {
1. The Station House Officer, Kothaga Police station, Mahabubabad District.
2. Two CCs to Public Prosecutor, High Court for the State of Telangana, at Hyderabad TOUTI
3. One CC to Sri Gundlapalli V S S S Sruthi, Advocate IOPUC]
4. Two CD Copies l$,
HIGH COURT DATED: 1710612026 I $e STATE \o 2 5 JUN 2026 a .L * * DIs,':.:i OROER CRLP.No.7507 ot 2026 DISPOSING OF THE CRIMINAL PETITION @ qL c( rLb Iab'