Muthyala Shiva Kumar @ Kumar & Ors. vs 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.791 of 2026 of Alwal Police Station, Malkajgiri Commissionerate, Medchal-Malkajgiri District, registered for the offences punishable under Sections 110 and 118 (1) r/w. 3 (5) of Bharatiya Nyaya Sanhita, 2023 (for short 'the BNS').

Heard Mr.Papaiah Peddakula, learned counsel for the petitioners through video conference, and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, appearing 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 any offence and have been falsely implicated in the present case. Respondent No. 2 is accused in several crimes, i.e., Crime Nos. 153 of 2020, 700 of 2022 and 280 of 2023 of Alwal Police Station, and he lodged the present complaint against the petitioners by making omnibus allegations, especially with regard to the alleged incident that was occurred during the Bonalu festival. The petitioners have neither attacked Respondent No. 2 nor beaten him, and he made omnibus allegations in the complaint. Respondent No. 2 has not sustained any injuries. Hence, the ingredients of the offences punishable under Sections 110 and 118(1) read with 3(5) are not attracted. Hence, continuation of the proceedings against the petitioners is a clear abuse of the process of law.

Per contra, learned Additional Public Prosecutor submitted that there are specific allegations levelled in the complaint that the petitioners attacked Respondent No.2 with sticks and beer bottles, and Respondent No.2 sustained simple injuries. On the grounds urged by the learned counsel for the petitioners, the petitioners are not entitled to seek quashing of the proceedings. 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. 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.

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 wants to follow the procedure as 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 same, the petitioners/accused Nos.1 to 5 are directed to appear before the Investigating Officer on or before 31.08.2026, and on such appearance, the Investigating Officer is directed to issue notice under Section 35(3) of BNSS and follow the guidelines issued by the Apex Court in Arnesh Kumar (supra). It is needless to mention that the petitioners/accused Nos.1 to 5 are entitled to put forth their grievance upon receipt of the notice under Section 35(3) of the BNSS and are also entitled to submit the documents, if any, which are in their possession.

Accordingly, the Criminal Petition is disposed of.

Miscellaneous applications, pending if any, shall stand closed.