Nallagonda Harish @ N Harish & 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 Crime No.73 of 2026 of Revally Police Station, Wanaparthy District, for the offences punishable under Section 85 of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS'), Sections 3 and 4 of the Dowry Prohibition Act, 1961 (for short 'DP Act').

Heard Mr.M.Sambasiva Rao, learned counsel for the petitioners and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent No.1.

With their consent, 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 crime by making omnibus allegations. He further submitted that the petitioners never demanded or harassed respondent No.2 for additional dowry and that respondent No.2 herself left the matrimonial house. Hence, the ingredients of Section 85 of the BNS and Sections 3 and 4 of the DP Act are not attracted against the petitioners. Therefore, the continuation of proceedings against the petitioners is a clear abuse of the process of law.

Per contra, the learned Additional Public Prosecutor submitted that there are specific allegations levelled against the petitioners to attract the ingredients of Section 85 of the BNS and Sections 3 and 4 of the DP Act. Whether the allegations levelled in the complaint are true or not the same has to be revealed during the course of investigation especially the investigation is under progress. The petitioners are not entitled to seek quashment of the proceedings against him at this stage. However, since the offences alleged against the petitioners are punishable with imprisonment of less than seven years, the Investigating Officer intends to follow the procedure contemplated under Section 35(3) of the BNSS and the guidelines laid down by the Hon’ble Apex Court in Arnesh Kumar (supra). However, the petitioners are avoiding receipt of notice under Section 35(3) of the BNSS and are not cooperating with the investigation.

By way of reply, learned counsel for the petitioners submitted that petitioners will cooperate with the investigation, and submit their reply/explanation along with relevant documents. He further submitted that the Investigating Officer may be directed to follow the due procedure as contemplated under the provisions of the BNSS.

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 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, petitioners are directed to appear before the Investigating Officer on or before 31.08.2026 and the Investigating Officer is directed 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). It is needless to mention that the petitioners are entitled to put forth their grievance, if any, upon receipt of notice under Section 35(3) of the BNSS, and produce all documents available with them before the Investigating Officer. The petitioners shall also cooperate with the investigation.

Accordingly, the Criminal Petition is disposed of.

Miscellaneous applications, pending if any, shall stand closed.