Telangana High Court

Telangana High Court: Farmer's Request to Drop Case Denied, Investigation to Continue

Updated
Sep 28, 2025 4:44 PM
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Quick Summary: In a recent decision, Justice Tirumala Devi Eada looked into a request by Orre Chinna Mallaiah, who wanted the legal case against him to be dropped. The case involves accusations under different parts of the Indian Penal Code and the SC ST Prevention of Atrocities Act. The court decided not to drop the case but told the police to continue investigating with certain guidelines.

The Petitioner and the Case

Orre Chinna Mallaiah, a 38-year-old farmer from Mukkidigundam Village, asked the court to drop the case against him, which was recorded at Kollapur Police Station. He was charged with breaking the law under Sections 115(2) and 352 of the Indian Penal Code and Section 3(1)(r) of the SC ST Prevention of Atrocities Act.

Legal Arguments

Orre Chinna Mallaiah's lawyer, Sri B. Bhagath Sain, argued for dropping the case. However, he also asked the court to tell the police to keep investigating by giving a notice under Section 35(3) of the BNSS, which used to be Section 41-A of the Criminal Procedure Code.

The Court's Decision

Justice Tirumala Devi Eada, after listening to both sides, decided not to drop the case. Instead, she told Orre Chinna Mallaiah to help with the investigation. The court said:

  • Orre Chinna Mallaiah must meet with the Investigating Officer by September 5, 2025.
  • The Investigating Officer should follow the rules under Section 35(3) of BNSS and stick to the guidelines from the Supreme Court case of Arnesh Kumar v. State of Bihar.

"The Investigating Officer is directed to follow the procedure... and complete the investigation strictly in accordance with law."

What Happens Next?

Orre Chinna Mallaiah needs to give all necessary information and documents to help with the investigation. The court stressed the importance of finishing the investigation lawfully and efficiently.

Summary of the Verdict

The court decided that the case against Orre Chinna Mallaiah will continue, and he must cooperate with the investigation. The police are instructed to follow specific procedures to ensure a fair and transparent investigation.