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Judgment
This Criminal Petition is filed seeking to quash the proceedings in FIR No.98 of 2026, on the file of the Green Pharmacy Police Station, Future City, wherein the petitioners were arrayed as accused Nos.1 to 3, for the offences punishable under Section 329 (3), 324 (4) and 351 (2) r/w. 3 (5) of the Bharatiya Nyaya Sanhitha, 2023 (for short 'BNS'.
Heard Mr.B.Venkat, learned counsel representing Mr.Rapolu Bhaskar, learned counsel for the petitioners and Mr.M.Vivekananda Reddy, learned Assistant Public Prosecutor for respondent No.1.
With the consent of both the learned counsel, the criminal petition is disposed of at the admission stage.
Learned counsel for the petitioners submitted that the petitioners have not committed the alleged offences and have been falsely implicated in the present crime. The allegations levelled in the complaint are purely civil-in nature, especially as respondent No.2 filed a suit vide O.S.No.123 of 2026 on the file of the Senior Civil Judge at Maheswaram against the petitioners and others for grant of perpetual injunction in respect of the very same property as alleged in the present complaint. In the said suit, respondent No.2 and others also filed an application for grant of ad interim injunction vide I.A.No.223 of 2026, and the learned Senior Civil Judge has not granted any protection. At that juncture, respondent No.2 filed the present complaint by giving a criminal colour, alleging that the petitioners are trespassing into the subject property, though the subject property belongs to Ramavath Jyothi, who is none other than the sister of petitioner No.1. Hence, continuation of the proceedings against the petitioners is a clear abuse of the process of law.
He further submitted that the offences levelled against the petitioners are punishable with imprisonment of less than seven years. However, the Investigating Officer, without following the mandatory procedure prescribed under Section 41-A of the Cr.P.C./Section 35(3) of the BNSS and the guidelines issued by the Apex Court in Arnesh Kumar Vs. State of Bihar1, is proceeding with the investigation and the same is contrary to law.
Per contra, the learned Assistant Public Prosecutor submitted that specific allegations have been levelled against the petitioners in the complaint about trespassing into the property as mentioned in the complaint by the petitioners. He further submitted that whether the allegations levelled in the complaint are true or not can be revealed during the course of investigation, especially as the investigation is in progress. However, the Investigating Officer intends to follow the procedure contemplated under Section 35(3) of the BNSS and the guidelines issued by the Hon'ble Apex Court in Arnesh Kumar (supra), on the ground that the alleged offences levelled against the petitioners are punishable with imprisonment of less than seven years. He further submitted that the Investigating Officer has already issued a notice under Section 35(3) of the BNSS to petitioner Nos.1 and 2/accused Nos.1 and 2 on 03.08.2026, and the Investigating Officer will follow the very same procedure in respect of the other accused. However, the petitioners have not been cooperating with the investigation.
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 alleged against the petitioners are punishable with imprisonment of less than seven years. Even according to the learned Assistant Public Prosecutor, the Investigating Officer has already issued a notice under Section 35(3) of the BNSS to petitioner Nos.1 and 2/accused Nos.1 and 2 on 03.08.2026. Hence, this Court is of the considered view that the petitioner Nos.1 and 2/accused Nos.1 and 2 are entitled to put forth their grievance pursuant to the said notice by raising all the pleas, including the pleas raised in the present Criminal Petition.
In view of the above, the petitioner No.3/accused No.3 is directed to appear before the Investigating Officer on or before 18.08.2026 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).
Subject to the above directions, the Criminal Petition is disposed of.
Miscellaneous applications, pending if any, shall stand closed.
Footnotes
- 1.(2014) 8 SCC 273