Telangana High Court
Sri. Ragula Ajay v. The State of Telangana
CRLP/13984/2026
- Decision date
- 2026-09-10
- 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
[ 3303 ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE J SREENIVAS RAO CRIMINAL PETITION NO: 13984 OF 2026 Between: Sri. Ragula Ajay, S/o. Linga Swamy , aged24 years, Occ. Pvt work R/o. 1-53, Rahimkhanpet, lllanthakunta Mandal, Rajanna Sircilla Dist.. TG ...PETITIONER/ACCUSED AND 1 the . The State of Telangana, Rep., by its Public Prosecutor High Court for State of Telangana at Hyderabad, Through PS, Karimnagar ll Town TG ...RESPONDENT No. 1 /COMPLAINANT 2. Parupelli Rajeshwari, D/o. Raja Narsaiah, aged 23 years, Occ. Student, Rio Dharmapuri Village, Jagityal Dist., TG ...RESPONDENT No. 2/DEFACTO COMPLAINANT 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 relating to Crime No. 498 ol 2026, dated 19-08-2026 of P S Karimnagar ll Town Karimnagar Dist., TG, On the file of the Judicial Magistrate of Firs Class (Special Mobile) Karimnagar and quash the same against the petitionersiaccused. 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 proceedings including arrest of the petitioner/ accused in Crime No. 498of 2026. dated 19-08-2026 of P S Karimnagar ll Town Karimnagar Dist., TG' On the file of the Judicial Magistrate of First Class (Special Mob,le) Karimnagar, pending disposal of the above criminal petition. This Petitron coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Bethi Venkateswarlu, Advocate for the Petitioner, Sri V. Jithendar Rao, 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 JUSTICT] J.SREENIVAS RAO CRIMINAL PETITION No.13984 of 2026 CNR No. H8HC010587102026 Date: 10.09.2026 Between: Sri Ragula Ajay ...Petitioner/Sole Accused ANI) -l'he State of Telangana and another ...Respondents ORDER:
'l'his Criminal Petition has been llled under Section 528 of thc Bharatiya Nagarik Suraksha Sanhita, 2023 by the petitioner/accused sceking to quash the proceedings in Crime No.498 of 2026 o1' Karimnagar II Town, Karirnnagar District, registered lor the offences punishable under Sections 78(2) ofthe Bharatiya Nyaya Sanhita, 2023 (fbr short 'thc BNS') and Sections 3(lXr)(s) and 3(2)(v)(a) of the SCs/STs (POA) Amendment Act, 201 5 (for short 'the SCs/STs Act') 2. [.earned Additional Public Prosecutor submitted that pursuant to thc order dated 31.08.2026, the conccrned Investigating Olficer - 2 scr\ ed notice to respondcnt No.2 on 01.09.2016 and placcd a copy oI the said notice. In spite of the satre, respondcnt No 2 has not chosen to elrter appearance. llence, this Court is not having rrnl'option except to proceed ri ith the nrattcr in accordance with lau' Venkateshrvarlu. leamed counsel for the3. tleard \lr. Uethi petitioner, and Mr.V.Jithendar Rao, learned Additional Public consent, this criminalProsccutor for lespondertt No.l. With thcir petitron is disposed ol at the stage of admission.
petitioner subrnitted that the petitioncr4.) [,earned counsel tirr thc has not comrnittcd an1'off-encc and has been lalselv ,mplicated in the prese nt crimc. IIe tLrther sublnitted that the petitioner has not abused the respondent No.l in the name ol her caste. Even according to v lew allegations, the alleged rrords were not used uithin the public Sections I lence. the ingredients of Sections 78(2) oi the UNS and 3(lXrXs) and 3(lXr )(a) o1'thc SCs/S l's Act are not attracted. llence, continuation of the proceedings against the petitioner is a clear abuse ol- the process ol'larr. 4.2 Ile further sLrbrrittecl tlrat the off'ences levelled against the petitioner are punishablc u,ith imprisonment of less than SCVCN VEATS - 3
[ lowever. the Investigating Officer, without following the mandatory procedure prescribed under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for shorr,'BNSS') and the guidelines issued is of Bihart, b.v the Apex Court in Arnesh Kumor Vs. State proceeding with the investigation and the same is contrary to law' the learned Additional Public Prosecutor submitted 5.l Per contra. that there are specific allegations in the cornplaint about the abusive words against the petitioner. Whether the allegations levelled in the complaint are true or not, the same will be revealed during the course ol investigation, especially the invcstigation is under progrcss submitted that the ot-fences levelled against the 5.2 He further petitioner are punishable with imprisonment oI less than seven years procedurc as and the Investigating Olllcer u'ill fbllow thc due contemplated under Section 35(3) oi the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'BNSS') and the guidelines issued by the I Iowever' the petitioner shall Apcx Courl in Arnesh Kumor (.supro). cooperate with the investigation. Ilence. the petitioner is not entitled to seek quashing of the proceedings at this stage. '(:o rr) a scc :ti'- - I 6. 'l'hc leirrncd counscl ftrr thc petitioner b).ua.,j olreply subnritted that the petitioncr uill cooperate rvith the inrestigarion.
7. Having considered the rival submissions made by thc respectivc panies and alter pcrusal of the rnaterial a,,'ailable on record. it reveals that the ollenccs ler,,elled against the pctitioncr arc punishable u ith irrprisonrrent of lcss than se\en vears. [._r.err accordin_q ro thc Icarned Additional public prosecuror. the lnlestigating Officer wallts to follor.i, thc due procedure AS contemplated under Section 35(3) olthe BNSS 8 I11 \'ir-w o1'thc sarnc. thc pctitioner/accused is directed to appcal. belore the In'e stigaring Olficer on or befbre 26.09..)-026 and on such appearance. the InVestigatin.rr Offlcer is directed to scrupulously firll.u thc due n.occdLr.c as co,ternplated undc. thc provisions of the BNSS and the guiclelines issued by the Hon,ble Apex Cour-t in Arnesh Kumar (supra), 'l he petitioner shall cooperate wirh the inr'estigatiorr. It is neeclless to ,rcntion that the petitioner is entirled to put fbrth his grievance belbre the Investigating Oflicer bir raising all the pleas ,,r,hich are arailahle to hirn and he is also entitled to submit thc docLtntcnrs tr jrich arc in itr: cLrstodr 5 (lrirrinal Petition is disposed of. c). With the above directions, thc Miscellancous applications, pending ilany, shall stand closed. SD/. MOHD.ISMAIL DEPUTY REGISTRAR //TRUE COPY// G SECTION OFFICER To, '1 Police Station' Karimnagar . The Station House Officer, Karimnagar ll Town 2. Two CCs to Public Prosecutor, High Court for the State of Telangana, at Hyderabad [OUT]
3. One CC to Sri Bethi Venkateswarlu, Advocate [OPUC] 4. Two CD Copies VWBA + HIGH COURT DATED: 1010912026 ORDER CRLP.No.13984 ot 2026 -i=: jl.{re iti 2,3 1 7 SiP ti'L'lr, t,.o_ t,.\.'"s -1.t' ,1., ./t t\' ' ' .; \. , DISPOSING OF THE CRIMINAL PETITION Cq)': I 1 ta\oc\n