Dyaga Thirupathi vs The State Of Telangana & Anr.

This Criminal Petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, (for short 'the BNSS') by the petitioner/accused seeking to quash the proceedings in Crime No.208 of 2026 of Thangallapalli Police Station, Rajanna Sircilla District, registered for the offences punishable under Sections 329(4), 324(4), and 351(2) of the Bharatiya Nyaya Sanhitha, 2023 (for short 'the BNS').

Heard Mr. Bethi Venkateshwarlu, learned counsel for the petitioner and Mr. Jithender Rao Veeramalla, learned Additional Public Prosecutor, appearing for respondent No.1.

With their consent, the criminal petition is disposed of at the stage of admission.

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 allegations levelled in the complaint are purely civil in nature. Respondent No.2 ought to have approached a competent civil Court, on the other hand, lodged the present complaint by giving it a criminal colour. Hence, the continuation of the proceedings against the petitioner is a clear abuse of the process of law. He further submitted that 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 Additional Public Prosecutor submitted that there are specific allegations levelled against the petitioner that the petitioner had demolished the compound wall of respondent No.2. Whether the said allegation is true or not, the same has to be revealed during the course of investigation. The Investigating Officer had already issued notice under Section 35(3) of the BNSS to the petitioner/accused on 01.08.2026 on the ground that the offences leveled against the petitioner/accused is punishable with imprisonment of less than seven years and the petitioner is entitled to submit his reply.

Having considered the rival submissions made by the respective parties and upon perusal of the material available on record, it reveals that the petitioner is none other than the son of the brother of respondent No.2. 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 had already issued notice under Section 35(3) of the BNSS to the petitioner/accused on 01.08.2026.

In view of the same, the petitioner is entitled to submit reply to the notice under Section 35(3) of the BNSS dated 01.08.2026, by raising all the pleas which are available to him and he is also entitled to submit the documents, if any, which are in his custody, to the Investigating Officer. The Investigating Officer is further directed to follow the procedure contemplated under the provisions of the BNSS, and also the guidelines formulated by the Hon'ble Apex Court in Arnesh Kumar (supra).

Accordingly, the Criminal Petition is disposed of.

Miscellaneous applications, pending if any, shall stand closed.