Ravi Naik vs The State Of Telangana & Anr.

This Criminal Petition has been filed seeking to quash the proceedings in F.I.R.No.344 of 2026 of Subedari Police Station, Warangal District, wherein the petitioner was arrayed as accused No.2 for the offences punishable under Sections 306 and 351(2) r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS').

Heard Mr.P.Jagan Mohan, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent No.1.

Learned counsel for the petitioner submitted that the petitioner has not committed the alleged offence and has been falsely implicated in the present case. The petitioner has not committed theft of any gold ornaments as alleged in the complaint. Even according to the allegations leveled in the complaint, the ingredients for the offence under Sections 306 and 351(2) r/w 3(5) of the BNS are not attracted against the petitioner. He further submitted that the offences alleged 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 leveled against the petitioner to attract the ingredients for the offence under Sections 306 and 351(2) r/w 3(5) of the BNS. He further submits that the Investigating Officer had already issued notice under Section 35(3) BNSS to accused No.1 on 26.06.2026 and further submitted that the Investigating Officer will follow the same procedure in respect of the petitioner herein. However, the petitioner is avoiding to receive the notice and not cooperating with the investigation 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 prosecution, the Investigating Officer had already issued notice under Section 35(3) of the BNSS to accused No.1 on 26.06.2026 and he intends to follow the very same procedure in respect of the petitioner herein.

In view of the above, the petitioner is directed to appear before the Investigating Officer on or before 14.08.2026 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.