Mamidipalli Anjanayya @ M. Anjaneyulu & Anr. vs The State Of Andhra Pradesh & Anr.

This Criminal Petition has been filed seeking to quash the proceedings in Crime No.207 of 2026 of Shamirpet Police Station, Malkajgiri District, wherein the petitioners were arrayed as the accused Nos.2 and 3 for the offences punishable under Sections 69 and 352 r/w. 3 (5) of Bharatiya Nyaya Sanhita, 2023 (for short 'BNS') and Sections 3 (2) (V) (a) of The Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 2015 (for short 'POA Act').

Learned Additional Public Prosecutor submitted that, pursuant to the order dated 28.07.2026, the Investigating Officer served notice on the de facto complainant about filing of the present Criminal Petition. Despite service of notice, respondent No. 2 has not chosen to enter her appearance. Hence, this Court has no option except to proceed with the matter in accordance with law.

Heard Mr.B.Nageshwar Rao, learned counsel representing Ms.E.Anjana Reddy, learned counsel for the petitioners and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent No.1.

With the consent of both the learned counsel, the criminal petition is disposed of at the stage of admission.

Learned counsel for the petitioners submitted that the petitioners have not committed the alleged offences and have been falsely implicated in the present case only on the ground that they are the parents of accused No.1. The entire allegations are levelled against accused No.1. The petitioners never abused respondent No.2 in the name of her caste. Despite the same, respondent No.2 implicated the petitioners by making omnibus allegations against them.

Per contra, the learned Additional Public Prosecutor submitted that there are specific allegations levelled against the petitioners in the complaint. Whether the allegations levelled in the complaint are true or not can be revealed only during the course of the investigation, especially when the investigation is still in progress. At this stage, the petitioners are not entitled to seek quashing of the proceedings at the threshold. He further submits that the Investigating Officer intends to follow the procedure contemplated under Section 35(3) of the BNSS and the guidelines issued by the Hon'ble Apex Court in Arnesh Kumar (supra) on the ground that the alleged offences levelled against the petitioners are punishable with imprisonment of less than seven years. However, the petitioners have not been cooperating with the investigation.

By way of reply, learned counsel for the petitioners submits that the petitioners will 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 petitioners 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 petitioners are directed to appear before the Investigating Officer on or before 14.08.2026 and submit reply/explanation along with the documents, which are available with them, 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.