Akber Khan & Ors. vs The State Of Telangana & Anr.

This Criminal Petition has been filed by the petitioners/accused Nos.1 to 3, seeking to quash the proceedings in Crime No.310 of 2026 of Santosh Nagar Police Station, Hyderabad District, registered for the offences punishable under Sections 316 (4), 351 (2) and 329 (4) of Bharatiya Nyaya Sanhita, 2023 (for short 'the BNS').

Heard Mr.Mohd. Akramuddin, learned counsel for the petitioners, and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, appearing for respondent No.1.

With the consent of both the learned counsel, the criminal petition is disposed of at the stage of admission.

Learned counsel for the petitioners submitted that the petitioners have not committed any offence and have been falsely implicated in the present case. Even according to the allegations made in the complaint, the nature of the allegations is purely civil, arising out of the mortgage agreements dated 02.03.2023 and 09.05.2023. He further submitted that respondent No.2 ought to have approached the competent civil Court; on the other hand filed the present complaint by giving a criminal colour. Hence, the continuation of the proceedings against the petitioners is a clear abuse of the process of law.

He further submitted that the offences levelled against the petitioners are punishable with imprisonment of less than seven years. The Investigating Officer, without following the mandatory procedure prescribed under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) and without following the guidelines formulated by the Hon’ble Supreme Court in Arnesh Kumar Vs. State of Bihar^{11.(2014) 8 SCC 273}, is proceeding further in the matter and the same is contrary to law.

Per contra, the learned Additional Public Prosecutor submitted that there are specific allegations in the complaint that the petitioners, without having any manner of right, trespassed into the property of respondent No. 2 and failed to comply with the terms and conditions of the mortgage agreement with dishonest intention. The said allegations, prima facie, disclose the commission of cognizable offences. Whether the allegations levelled in the complaint are true or not can be revealed only during the course of the investigation, especially when the investigation is still in progress. At this stage, the petitioners are not entitled to seek quashing of the proceedings. He further submits that the Investigating Officer intends to follow the procedure contemplated under Section 35(3) of the BNSS and the guidelines issued by the Hon'ble Apex Court in Arnesh Kumar (supra) on the ground that the alleged offences levelled against the petitioners are punishable with imprisonment of less than seven years. However, when the Investigating Officer trying to serve the notice under Section 35(3) of the BNSS, the petitioners are not been cooperating with the investigation from the date of registration of the crime. Hence, the petitioners are not entitled to any relief, much less the relief sought in the present criminal petition.

By way of reply, learned counsel for the petitioners submits that the petitioners will cooperate with the Investigating Officer.

Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that the offences alleged against the petitioners are punishable with imprisonment of less than seven years and arise out of the mortgage agreements dated 02.03.2023 and 09.05.2023. Even according to the learned Additional Public Prosecutor, the Investigating Officer wants to follow the procedure as contemplated under Section 35(3) of the BNSS and also the guidelines formulated by the Apex Court in Arnesh Kumar (supra).

In view of the same, the petitioners/accused Nos.1 to 3 are directed to appear before the Investigating Officer on or before 11.09.2026, and on such 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 (supra). It is needless to mention that the petitioners/accused Nos.1 to 3 are entitled to put forth their grievance upon receipt of the notice under Section 35(3) of the BNSS and are also entitled to submit the documents, if any, which are in their possession.

Accordingly, the Criminal Petition is disposed of.

Miscellaneous applications, pending if any, shall stand closed.