Telangana High Court
Yerramsetti Krishna v. The State of Telangana
CRLP/8640/2026
- Decision date
- 2026-06-23
- Text availability
- Full text
- Judges
- J Sreenivas Rao
Source: Indian High Court Judgments, AWS Open Data (CC BY 4.0) ↗
Connected provisions and cases
No further provision or case links are recorded.
Judgment text
[ 33031 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT TUESDAY, THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRIJUSTICE J SREENIVAS RAO Yerramsetti Krishna, S/o Late Anjan Rao, aged about 50 years, Occ: Reporter MANAM Daily Newspaper, R/o H.No.9, KCR Colony, Bhadrachalam Town' Bhadradri Kothagudem District, Telangana ... Petitioner/Acc used D 1'TheStateofTelangana,RepbyitsPublicProsecutor,HighCourtforthe State of Telangana At HYderabad 2. The Station House officer, Bhadrachalam Town, Bhadradri Kothagudem District 507111 3.SodeRamarao,S/oLateVenkateswarlu,Agedabout34years'Occ:- Contractor, R/o Marrigudem Village, Dummugudem Mandal' Bhadradri Kothagudem Diskict, 507137 T.G ...ResPondenUComPlainant 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 DT'04 06 2026, P'S Bhadrachalam Town'quash the FIR No.148 OF 2026, POABhadradri Kothagudem District, under sec 308(2) 351(2) BNS 3(1) (0 sc sT Act 2015 3(2) (Va) SCST , pending disposal of this criminal petition' Petition under Section 528 of BNSS praying that in the circumstancrs stated in the Memorandum of Grounds of criminal Petition, the High court may be pleased to grant stay of all further proceedings against the Petitioner/Accused including his -\
Townappearance in FIR No. 148 OF 2026 Df 04.06.2026 P S Bhadrachalam Bhadradri Kothagudem District under Sec 308(2), 351(2) BNS 3(1) (0 SC ST POA Act 2015, 3(2) (Va) SCST pending disposal of this Criminal Petition. ,lti This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri K V L Jaya Simha, Coutrsel representing Smt K M Sraventhy Simha , Advocate for the Petitioner and Sri Jithender Rao Veeramalla, the Additional Public Prosecutor on behalf of the Respondent No. 1 and 2 and none appeared for the Respondent No. 3. The Gourt made the following: ORDER ffi s' HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO PETITION DATE: 23.0,6.20.26 Between : Yerramsetti Krishna . .. . Petitioner/ accused AND The State of Telangana and two others ....Respondents :ORDER This criminal petition has been filed by the petitioner/accused seeking to quash the proceedings in F.l.R.No.148 of 2026 of Bhadrachalam Town, Bhadradri Kothagudem District, registered for the offences under Sections 308(2) and 351(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Sections 3(1)(r) and 3(2)(Va) of the Scheduled Castes and Scheduted Tribes (Prevention of Atrocities) Act, 1989 (SCs/STs (POA) Act).
2. Heard Mr. K.v.L. Jaya simha, learned counsel representing Mrs. K.M. Sraventhy Simha, learned counsel for the petitioner, and Mr. Jithender Rao Veeramalla, learned Additional Ilublic Prosecutor appearing for respondent Nos.1 and 2 State. With their consent, the criminal petition is being disposed of at the stage of admission. C) 1 3. Learned Additiorral Public Prosecutor submitted that pursuant to tlre order, clated 15.06.2026, the Investigating officer served notice on respondent No.3 on 19.06.2026 and placed a copy of the said notice before this Court. In spite of service of notice, respondent No.3 has not chosen to enter appearance'
4. Learned counsel for the petitioner submitted that the petitioner has not committed any offence and he has been falsely implicated in asthe present crime. 'l'he petitioner is discharging his duties any reporter irr Manam Daily Newspaper and has not made defamatory statements or published any defamatory news against respondent No.3. However, respondent Itlo'3 lodged the present complaint by making omnibus allegations. The allegations levelled in the complaint do not attract the ingredients of the offences under petitioner' Sections 308(2) ancl 351(2) of the BNS against the Respondent No.3 u,ith an intention to harass the petitioner lodged the present complaint. He further submitted that the petitioner has not abused respondent No.3 in the name of his caste as alleged in the compliant. Hence, the ingredients of the offence under Sections attracted 3(1)(r) and 3(2)(Va) ol'the scs/STs (POA) Act are not against the petitioner. I{e also submitted that the offences alleged against the petitioner are punishable with imprisonment of less than seven years. Flowever, thr: lnvestigating Officer, without follclwing the the mandq.tor5z procedure prescribed under Section 35(3) of lEr'r.:ff'lEHffiEffiE7 3 Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'BNSSJ, the guidelines issued by the Apex Court in Arnesh Kumar Vs. State of Biharr, is proceeding with the investigation and the same is contrary to law.
5. Per contra, learned Assistant Public Prosecutor submitted that there are specific allegations levelled against the petitioner in the complaint. The said allegations attract the ingredients of the offences under Sections 308(2) and 351(2) ot the BNS and Sections 3(1)(r) and 3(2)(Va) of the SCs/STs (POA) Act. As the investigation is under progress, the petitioner is not entitled to seek quashing of the proceedings at the threshold. As the offences alleged against the petitioner are punishable with imprisonment of less than seven years, the Investigating Officer wiil follow the due procedure as contemplated under the provisions of the BNSS. 6. Learned counsel for the petitioner, by way of reply, submitted that the petitioner is awaiting service of receive the notice under Section 35(3) of the BNSS and he undertakes to cooperate with the investigation. the 7. Having considered the rival submissions made by respective parties and upon perusal of the material available on record, it reveals that the offences levelled against the petitioner are '1zo r+; 8 scc 273 I +
years. Even punishable with imprisonment of less than seven according to the learned Additionai Public Prosecutor, the as Investigating officer intends to follow the due procedure contemplated under the provisions of the BNSS' directed to appear before the g. Hence, the petitioner/accused is such Investiga.ting officer on or before 04.o7.2026, and on 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 suqra' that the petitioner is entitled to put g. It is needless to mention forth their grievance upon receipt of the notice under Section 35(3) of any, to submit the documents, if the BNSS and are aiso entitled which are in his Possession. above directions, the criminal Petition is 10. Subject to the disposed of. Miscellaneous applications, pending if anV, shall stand closed' SD/- K.BHAVANI SWAMY ASSISTANT REGISTRAR G //TRUE COPY// SECTION OFFICER To, 1. The station House officer, Bhadrachalam Town Police station, Bhadradri Kothagudem. 2. Two CCs to Public Prosecutor, High court for the state of Telangana, at Hydei'abad IOUTI K M Sraventhy Simha, Advocate [OPUC] 3. One CC to Smt 4. Two CD Copies Sa/KA HIGH COURT DATED: 2310612026 HE STA 16: Aq ri 3 0 JUl,l 2026 il ) i:.i .-'..// ' .,i ,:,' - .\-...,.: -.,., ORDER CRLP.No.8640 ot 2026 DISPOSING OF THE CRIMINAL PETITION ( 9 I 2A