Nenavath Shiva Kumari & Ors. vs The State Of Telangana & Anr.

This Criminal Petition has been filed seeking to quash the proceedings in Crime No.214 of 2024 of Manchal Police Station, Rachakonda District, wherein the petitioners were arrayed as accused Nos.2 to 4, registered for the offences punishable under Sections 493, 495, 504, 506, and 323 read with 34 of the Indian Penal Code, 1860 (for short 'IPC').

Heard Mr. Gummala Bhaskar, learned counsel for the petitioners 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 petitioners submitted that the petitioners have not committed the alleged offences and have been falsely implicated in the present crime only on the ground that petitioner No.1 is the wife of accused No.1 and petitioner Nos.2 and 3 are the parents of accused No.1. The entire allegations are levelled against accused No.1 only and there are no allegations much less the specific allegations against the petitioners. Even according to the allegations levelled in the complaint, the ingredients of the offences punishable under Sections 493, 495, 504, 506, and 323 read with 34 of the IPC are not attracted against the petitioners. The only allegation levelled in the complaint that petitioner No.1 prevented respondent No.2 to enter into their house and the said allegation does not comes within the ambit of the above said offences. Hence, continuation of the proceedings against the petitioners is a clear abuse of the process of law. He further submitted that the offences alleged against the petitioners 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 Bihar¹, is proceeding further in the matter and the same is contrary to law.

---^{}[] (2014) 8 SCC 273

Per contra, learned Additional Public Prosecutor submitted that there are specific allegations levelled in the complaint against the petitioners. Whether the allegations levelled against the petitioners are true or false, the same has to be revealed during the course of investigation, especially the investigation is under progress and the Investigating Officer recorded the statements of LW-1 to LW-6. He further submitted that accused No.1 was arrested on 20.07.2026 and since the offences levelled against the petitioners are punishable with imprisonment of less than seven years, when the Investigating Officer is trying to follow the due procedure prescribed under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘the BNSS’) and the guidelines formulated by the Hon’ble Supreme Court in Arnesh Kumar Vs. State of Bihar^{22.(2014) 8 SCC 273}, the petitioners are evading the receipt of notice and not cooperating with the investigation.

Having considered the rival submissions made by the respective parties and upon perusal of the material available on record including the written instructions furnished by the concerned officer dated 19.08.2026, it reveals that the Investigating Officer recorded the statements of LW-1 to LW6, and the investigation is under progress. 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 Section 35(3) of the BNSS.

In view of the same, the petitioners are directed to appear before the Investigating Officer on or before 31.08.2026, 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.