Malavath Raju & Anr. vs The State Of Telangana & Anr.

This Criminal Petition has been filed by the petitioners/accused Nos.1 and 2 seeking to quash the proceedings in P.O.R.No.44 of 2026/27 on the file of Forest Range Officer, Sirikonda, Nizamabad District, for the offences punishable under Sections 20(1)(C)(ii)(vii) and (x), 44 and 58 punishable under Section 20(1) d(ii) of the Telangana Forest Act, 1967 and Section 9 read with 2(15) and 17-A punishable under Section 51(1) of the Wild Life Protection Act, 1972.

Heard Mr .Rudresh Deshpande, learned counsel for the petitioners and Mr. M. Vivekananda Reddy, learned Assistant 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 are the owners and possessors of the agriculture land in Sy.No.129.2 admeasuring Ac.3-2075 guntas situated at Rahathnagar Village Shivar, Bheemgal Mandal, Nizamabad District and their names were mutated in the revenue records and e-Passbooks were also issued in their favour. When the Forest officials are trying to interfere with the subject property, wife of petitioner No.1 had approached this Court and filed W.P. No.24406 of 2026 questioning their action. This Court on 27.07.2026 while ordering notice before admission, directed the parties to maintain status quo in respect of the subject property and the said writ petition is pending. The allegations levelled in the complaint are purely civil in nature. Respondent No.2 ought to have initiated the proceedings under Forest Laws, on the other hand, filed the present complaint by giving criminal colour. 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 273}, is proceeding with the investigation and the same is contrary to law.

Per contra, learned Assistant Public Prosecutor submitted that there are specific allegations levelled in the complaint against the petitioners. Whether the allegations made against the petitioners are true or not, the same has to be revealed during the course of investigation, especially the investigation is under progress. 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 petitioner is not cooperating with the investigation.

Learned counsel for the petitioners by way of reply submitted that the petitioner 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 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 19.08.2026 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.