Oruganti Ramchander & Ors. vs The State Of Telangana & Anr.

This Criminal Petition has been filed by the petitioners/accused Nos.1 to 12 seeking to quash the proceedings in Crime No.86 of 2026 of Valigonda Police Station, Yadadri Bhuvanagiri District, for the offences punishable under Sections 126(2), 351(2) and 352 r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS').

Heard Mr.T.Mahender, learned counsel for the petitioner 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 submits that the petitioners have not committed the alleged offences and have been falsely implicated in the present case. Even according to the allegations levelled in the complaint the ingredients of Sections 126(2), 351(2) and 352 r/w 3(5) of the BNS are not attracted against the petitioners and they 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 293}, is proceeding further in the matter and the same is contrary to law.

Per contra, the learned Additional Public Prosecutor submitted that there are specific allegations levelled against the petitioners to attract the ingredients of Sections 126(2), 351(2) and 352 r/w 3(5) of the BNS. Whether the allegations levélled 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 them at this stage. However, since the offences alleged against the petitioners are punishable with imprisonment for a term of less than seven years, the Investigating Officer had already issued notices under Section 35(3) of the BNSS to the petitioners on 03.07.2026. The petitioners are entitled to put forth their grievances by raising all the grounds available to them before the Investigating Officer; on the other hand, approached this Court by filing the present Criminal Petition, which is not maintainable in law. He has placed on record a copy of the written instructions along with Xerox copies of the notices issued by the Investigating Officer. Upon perusal of the said notices, it reveals that the xerox copies do not contain the signature of the Investigating Officer. He further submitted that the Investigating Officer will issue fresh notices under Section 35(3) of the BNSS to the petitioners and the petitioners may be directed to cooperate with the investigation.

By way of learned counsel for the petitioners submitted that the petitioners 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 petitioners are punishable with imprisonment for a term of less than seven years, and the Investigating Officer had already issued notices under Section 35(3) of the BNSS to the petitioners on 03.07.2026. However, the said notices do not contain the signature of the Investigating Officer.

In view of the above, the petitioners are directed to appear before the Investigating Officer on or before 07.08.2026 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 notices 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.