Manga Shobhan Babu vs The State Of Telangana & Anr.

This Criminal Petition has been filed seeking to quash the proceedings in Crime No.133 of 2026 of Palakurthy Police Station, Warangal District, wherein the petitioner was arrayed as accused for the offences punishable under Sections 296(b), and 115(2) of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS') and Section 3(1)(s), 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, (for short 'SC/ST (POA) Act').

Learned Additional Public Prosecutor submits that pursuant to the order dated 16.07.2026, the Investigating Officer had served the notice to respondent No.2 and informed about the filing of the present criminal petition and listing of matter. In spite of service of notice, respondent No.2 has not chosen to enter appearance. Hence, this Court has no option except to proceed with the matter on merits.

Heard Mr. Chalakani Venkat Yadav, learned counsel for the petitioner 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 petitioner submitted that the petitioner has not committed the alleged offence and has been falsely implicated in the present crime. The allegations levelled in the complaint are purely civil in nature in respect of monetary transaction. The petitioner has not abused respondent No.2 in the name of his caste, especially within the manner of public view and the ingredients of the offence punishable under Sections 296(b), and 115(2) of the BNS and Section 3(1)(s), 3(2)(va) of the SC/ST (POA) Act are not attracted against the petitioner. Hence, continuation of the proceedings against the petitioner is a clear abuse of the process of law.

He further submitted that the offences alleged 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 'the BNSS') and without following the guidelines formulated by the Hon'ble Supreme Court in Arnesh Kumar Vs. State of Bihar^{11..2014 S S C 2/3}, 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 in the complaint against the petitioner. Whether the allegations made against the petitioner are true or not, the same has to be revealed during the course of investigation, especially the investigation is under progress and the petitioner is not entitled to seek quashment of the proceedings at the threshold. However, as the offences levelled against the petitioner are punishable with imprisonment of less than seven years, the Investigating Officer will follow the due procedure as contemplated under the provisions of Section 35(3) of the BNSS, and the petitioner has to cooperate with the investigation.

Learned counsel for the petitioner by way of reply submitted that the petitioner will appear before the Investigating Officer and 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 petitioner 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 petitioner is directed to appear before the Investigating Officer on or before 04.08.2026 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 petitioner shall cooperate with the investigation. It is needless to mention that the petitioner is entitled to submit reply to the notice under Section 35(3) of the BNSS 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.

Accordingly, the Criminal Petition is disposed of.

Miscellaneous applications, pending if any, shall stand closed.