Anjilamma M. Laxmi & Ors. vs The State Of Telangana & Ors.

This Criminal Petition has been filed seeking to quash the proceedings in Crime No.570 of 2026 of Attapur Police Station, Hyderabad, wherein the petitioners were arrayed as the accused Nos.2 to 4 for the offences punishable under Sections 77, 78, 79, 352, 351 (2) and 329 (4) of Bharatiya Nyaya Sanhita, 2023 (for short 'BNS') and Section 11 r/w. 12 of The Protection Of Children From Sexual Offences Act, 2012 (for short 'POCSO Act').

Learned Additional Public Prosecutor submitted that, pursuant to the order dated 27.07.2026, the Investigating Officer tried to serve the notice on respondent No.3. The respondent No.3 refused to receive the notice and placed a copy of the written instructions furnished by the Sub-Inspector of Police, Attapur Police Station, Hyderabad, dated 03.08.2026. By virtue of the refusal to receive the notice, as per the General Clauses Act, the notice is deemed to have been received. Hence, this Court has no option except to proceed with the matter in accordance with law.

Heard Mr.Prajwal Dwivedi, learned counsel representing Mr.Abhilash Sontake, learned counsel for the petitioners and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent Nos.1 and 2.

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 the alleged offences and have been falsely implicated in the present case only on the ground that they are the family members of accused No.1, by making omnibus allegations. The entire allegations are levelled against accused No.1. Hence, continuation of proceedings against the petitioners is a clear abuse of 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 levelled against the petitioners in the complaint that the petitioners abused respondent No. 3 in filthy language. 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 at the threshold. 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, the petitioners have not been cooperating with the investigation.

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 levelled against the petitioners are punishable with imprisonment of less than seven years. Even according to the learned Additional Public Prosecutor, the Investigating Officer will follow the procedure 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 above, the petitioners are directed to appear before the Investigating Officer on or before 14.08.2026 and submit reply/explanation along with the documents, which are available with them, to the Investigating Officer. The Investigating Officer is entitled to follow the procedure contemplated under Section 35(3) of the BNSS and follow the guidelines issued by the Apex Court in Arnesh Kumar (supra).

Accordingly, the Criminal Petition is disposed of.

Miscellaneous applications, pending if any, shall stand closed.