Nimmala Narender Reddy @ Nimmareddy Narender Reddy & Ors. vs The State Of Telangana & Anr.

This Criminal Petition has been filed by the petitioners seeking to quash the proceedings in F.I.R.No.177 of 2026 of Athmakur (M) Police Station, Yadadri Bhuvanagiri District, registered for the offences punishable under Sections 132, 221, 352 and 292 r/w 3(5) of the Bharatiya Nyaya Sanhitha, 2023 (for short 'BNS').

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

Learned counsel for the petitioners submits that the petitioners have not committed the alleged offence and have been falsely implicated in the present case by making omnibus allegations at the instance of local political party members on the ground that the petitioners belong to the opposite party. The petitioners have not obstructed respondent No.2 in discharging his official duties. The petitioners have not abused respondent No.2 or other police officials or violated the instructions during the Durga Matha Shobha Yatra. He further submits that the offences levelled 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 ‘BNSS’) and without following the guidelines formulated by the Hon’ble Supreme Court in Arnesh Kumar Vs. State of Bihar^{11.---^{}[] (2014) 8 SCC-273}, is proceeding further in the matter and the same is contrary to law.

Per contra, the learned Additional Public Prosecutor submits that there are specific allegations levelled against the petitioners that they obstructed respondent No.2 in discharging his official duties, pushed the staff, used abusive words, and violated the police instructions during the Durga Matha Shobha Yatra. Whether the petitioners have committed the offence or not have to be revealed during the course of investigation and the petitioners are not entitled to seek quashing of the proceedings at this stage. He further submitted that the Investigating Officer wants to follow the procedure contemplated under Section 35(3) of the BNSS and also the guidelines formulated by the Apex Court in Arnesh Kumar (supra) on the ground that the offences levelled against the petitioners are punishable with imprisonment less than years. However, the petitioners are avoiding to receive the notice under Section 35(3) of BNSS and not cooperating with the Investigating Officer.

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 06.11.2026 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.