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Judgment
This Criminal Petition has been filed by the petitioner/accused seeking to quash the proceedings in FIR No.176 of 2026 of Talamadugu Police Station, Adilabad District, for the offence punishable under Section 409 and 420 of the Indian Penal Code, 1860(for short, "IPC").
Heard Mr. T. V. Ramana Rao, learned counsel for the petitioner and Mr. Jithender Rao Veeramalla, learned Additional Public Prosecutor 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. He further submitted that the nature of the allegations levelled in the present case are purely civil in nature, in respect of the monetary transactions. Respondent No.2 ought to have approached the competent Civil Court on the other hand filed the present complaint by giving criminal colour. He further submitted that even according to the allegations levelled in the complaint, the alleged amount was given by respondent No.2 in the month of June, 2023, whereas, respondent No.2 filed the present complaint on 17.08.2026, after a lapse of more than three years. Hence, continuation of the proceedings against the petitioner is a clear abuse of the process of law.
He further submitted that the even according to the allegations made in the complaint, the ingredients of Section 409 of IPC are not attracted against the petitioner and it is punishable with imprisonment of less than seven years. He further submitted that 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 Bihar1, is proceeding further in the matter and the same is contrary to law.
Per contra, learned Additional Public Prosecutor for respondent No.1 submits that there are specific allegations levelled in the complaint that the petitioner received an amount of Rs.99,000/- in two transactions i.e., on 27.06.2023 and 30.06.2023, by giving a false promise that he would provide employment in the Collector Office. The said allegations prima facie attract dishonest intention. The said allegations prima facie attract the ingredients for the offence under Section 420 of IPC. Learned Additional Public Prosecutor fairly submitted that the Investigating Officer will follow the due procedure as contemplated under the provisions of Section 41-A of the Cr.P.C./Section 35(3) of the BNSS and guidelines formulated by the Hon'ble Apex Court in Arnesh Kumar supra.
Having considered the rival submissions made by the respective parties and upon perusal of the material available on record, it reveals that the ingredients for the offence under Section
(2014) 8 SCC273 409 of IPC may not be attracted, whereas the other 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 intends to follow the procedure contemplated under Section 35(3) of the BNSS and the guidelines formulated by the Hon’ble Apex Court in Arnesh Kumar (supra).
Taking into consideration the peculiar facts and circumstances of the case and submissions made by the respective parties, without expressing any view on the merits of the case, the petitioner/accused is directed to appear before the Investigating Officer, on or before 05.09.2026, and on such appearance, the Investigating Officer is directed to follow the due procedure as contemplated under Section 41-A of the Cr.P.C./Section 35(3) of the BNSS and guidelines formulated by the Hon’ble Apex Court in Arnesh Kumar supra. It is needless to mention that the petitioner is entitled to put forth his grievance by raising all the pleas which are available to him under law, and the petitioner shall cooperate with the investigation.
Accordingly, the Criminal Petition is disposed of. Miscellaneous applications, pending if any, shall stand closed.