Atavatali Hanmanth Reddy vs The State Of Telangana & Anr.

This Criminal Petition is filed seeking to quash the proceedings in Crime No.166 of 2026, on the file of the Market Police Station, Malkajgiri Division, Secunderabad, wherein the petitioner was arrayed as accused No.2, for the offences punishable under Sections 316(2) and 318(2) r/w 3(5) of the Bharatiya Nyaya Sanhitha, 2023.

Heard Mr.S.Janardhan Goud, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent No.1-State. With their consent, the present criminal petition is disposed of, at the admission stage.

Learned counsel for the petitioner submitted that the petitioner has not committed the alleged offences and has been falsely implicated in the present crime. The nature of allegations is duly civil in nature. In respect of the money transactions, respondent No 2 ought to have approached the competent civil court. On the other hand, he has filed the present complaint by giving criminal colour. Hence, continuation of criminal proceedings against the petitioner is a clear abuse of process of law. Even according to the allegations made in the complaint, the ingredients of the alleged offences are not attracted against the petitioner and the offences levelled against the petitioner 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, learned counsel for respondent No.2 submitted that with a dishonest intention, the petitioner received money from the 2nd respondent and when the 2nd respondent demanded the said amount, the petitioner by giving false promise had not repaid the said amount. Whether the allegations levelled against the petitioners are true or not has to be revealed during the course of investigation and the petitioner is not entitled to seek quashing of the proceedings at this stage. He further submits that accused No.1 was already arrested on 23.07.2026. However, he did not dispute that the offences levelled against the petitioner are punishable with imprisonment of less than seven years. When the Investigating Officer tried to serve notice under Section 35(3) of the BNSS, the petitioner avoided to receive the same. Therefore, the petitioner is not entitled for the relief sought in the present criminal petition.

Learned Additional Public Prosecutor also reiterated the very same submissions and submitted that as the offences levelled against the petitioner are punishable with imprisonment of less than seven years, the Investigating Officer will follow the procedure contemplated under Section 35(3) of the BNSS and the guidelines laid down by the Apex Court in Arnesh Kumar (supra), and the petitioner shall be directed to 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 petitioner 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 petitioner is directed to appear before the Investigating Officer on or before 08.08.2026 and submit reply/explanation along with the documents, which are available with him, 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.