Ranjit Singh @ Ranjit Singh Kalra vs The State Of Telangana & Anr.

This Criminal Petition has been filed by the petitioner seeking to quash the proceedings in Crime No.62 of 2026 of WPS Khairatabad Zone (Hyderabad), Hyderabad, registered for the offences punishable under Sections 85, 115(2), 351(2) and 316(2) of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS').

Heard Mr.Syed Tousif Basha, 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 petitioner submits that the petitioner has not committed the alleged offence and has been falsely implicated in the present case. Even according to the allegations levelled in the complaint, the ingredients of the offences under Sections 85, 115(2), 351(2) and 316(2) of the BNS are not attracted against the petitioner. The petitioner never harassed respondent No.2 for additional dowry. Respondent No.2 voluntarily left the matrimonial house of the petitioner and filed the present complaint by making omnibus allegations. He further submitted that the offences levelled against the petitioner 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, learned Additional Public Prosecutor submits that there are specific allegations levelled against the petitioner regarding physical and mental harassment and the demand for additional dowry. The said allegations attracts the ingredients of the offence under Sections 85, 115(2), 351(2) and 316(2) of the BNS. Whether the petitioner has committed the offence or not has to be revealed during the course of investigation and the petitioner is 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 petitioner are punishable with imprisonment less than years. However, the petitioner is not coming forward to receive the notice under Section 35(3) of BNSS and not cooperating with the Investigating Officer from the date of registration of the crime.

By way of reply, learned counsel for the petitioner submits that the petitioner will cooperate with the investigation.

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 petitioner 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 petitioner is directed to appear before the Investigating Officer on or before 25.08.2026 and submit reply/explanation along with the documents, which are available with him, 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.