Gunde Sandhya & Ors. vs The State Of Telangana & Anr.

This Criminal Petition has been filed by the petitioners/accused Nos.1 to 5 seeking to quash the proceedings in Crime No.142 of 2026 of Kollpur Police Station, Nagarkurnool District, for the offences punishable under Sections 118(1), and 352 read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short 'the BNS').

Heard Mr. Madhirala Vishnu Vardhan, learned counsel for the petitioners and Mr. Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent No.1. With their consent, this 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 they have been falsely implicated in the present crime. Even in the complaint lodged by respondent No.2, the names of the petitioners were not mentioned. The petitioners went to the tourist place for visiting the subject place. Petitioners Nos.4 and 5 have not consumed any alcohol as alleged in the complaint and the petitioner Nos.1 to 5 have not abused respondent No.2 or obstructed his official duties. Respondent No.2 made omnibus allegations against the petitioners. 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 below seven years and the Investigating Officer, without following the mandatory procedure prescribed under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') and the guidelines formulated by the Hon'ble Supreme Court in Arnesh Kumar Vs. State of Bihar^{11.(2014) 8 SCC 171}, is proceeding with the investigation and the same is contrary to law.

Per contra, learned Additional Public Prosecutor submitted that merely not mentioning the names of the petitioners in the FIR is not a ground for seeking quashment of the proceedings especially the police have seized the vehicle bearing No.TS07HZ5777. At that point of time, the Investigating Officer came to know that the petitioners have abused respondent No.2 and bet P. Devaraju and J. Shiva Kumar, who sustained injuries in the hands of petitioner Nos.4 and 5. The Investigating Officer had recorded the statements of LW-1 to LW-5 and in their statements, they have specifically mentioned the role of the petitioners. Whether the allegations levelled against the petitioners and the statements of the witnesses are true or not, the same has to be revealed during the course of investigation, especially the investigation is under progress. At this stage, the petitioners are not entitled to seek quashment of the proceedings against them. Since the offences levelled against the petitioners are punishable with imprisonment of less than seven years, the Investigating Officer wants to follow the due procedure as contemplated under the provisions of Section 35(3) of the BNSS and the petitioners shall not cooperate with the investigation.

Learned counsel for the petitioners by way of reply submitted that the petitioners will cooperate with the investigation.

Having considered the rival submissions made by the respective parties and upon perusal of the material available on record, it reveals that the Investigating Officer recorded the statements of LW-1 to LW-5 and the investigation is under progress. 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 wants to follow the due procedure as contemplated under the provisions of the 35(3) of the BNSS.

In view of the same, the petitioners are directed to appear before the Investigating Officer on or before 25.08.2026 and on such appearance, the Investigating Officer is 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) and the petitioners shall cooperate with the investigation. It is needless to mention that the petitioners are entitled to submit reply to the notice under Section 35(3) of the BNSS by raising all the pleas which are available to them and they are also entitled to submit the documents, if any, which are in their custody, to the Investigating Officer.

Accordingly, the Criminal Petition is disposed of.

Miscellaneous applications, pending if any, shall stand closed.