Sane Bhaskar Reddy & Ors. vs The State Of Telangana & Anr.

This Criminal Petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, (for short 'the BNSS') by the petitioners/accused Nos.1 to 10 seeking to quash the proceedings in Crime No.207 of 2026 of Khairtabad Police Station, Hyderabad, registered for the offences punishable under Sections 329(4), 126(2), 352 read with 3(5) of the Bharatiya Nyaya Sanhitha, 2023 (for short 'the BNS').

Heard Ms. R. Urmila, learned counsel representing Mr. Chalakani Venkat Yadav, learned counsel for the petitioners and Mr.Jithender Rao Veeramalla, learned Assistant Public Prosecutor, appearing for respondent No.1.

With their consent, the criminal petition is disposed of at the stage of admission.

Learned counsel for the petitioners submitted that the petitioners have not committed the alleged offences and have been falsely implicated in the present crime. Even according to the allegations levelled in the complaint the ingredients for the offences under Sections 329(4), 126(2), 352 read with 3(5) of BNS are not attracted. They have neither trespassed into the premises of RTA, Khairatabad as alleged by respondent No.2 nor they have conducted dharna. Hence, continuation of proceedings against the petitioners is a clear abuse of process of law. She further submitted 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 BNSS and without following the guidelines formulated by the Hon'ble Supreme Court in Arnesh Kumar Vs. State of Bihar^{11.(2014) 8 SCC 773}, is proceeding further in the matter and the same is contrary to law.

Per contra, learned Additional Public Prosecutor basing upon the written instructions furnished by the Investigating Officer, submitted that there are specific allegations levelled in the complaint that the petitioners without having any manner of right trespassed into the premises of respondent No.2-RTA. The said allegations prima facie attract the offences under Sections 329(4), 126(2), 352 read with 3(5) of BNS. Whether the allegations levelled against the petitioners 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 the threshold. He further submitted that since the offences levelled against petitioners are punishable with imprisonment of less than seven years, the Investigating Officer had already issued notice under Section 35(3) of the BNSS to the petitioner Nos.1 to 4 and 8 to 10/accused Nos.1 to 4 and 8 to 10 on 13.07.2026. The Investigating Officer wants to follow the very same procedure in respect of other accused namely accused Nos.5 to 7. Accused Nos.1 to 4 and 8 to 10 are entitled to submit their reply to the said notice by putting forth their grievances, on the other hand, approached this Court and filed the present criminal petition.

Having considered the rival submissions made by the learned counsel for the petitioners and learned Additional Public Prosecutor and upon perusal of the material available on record, it reveals that the offences leveled against petitioners/accused Nos.1 to 10 are punishable with imprisonment of less than seven years. Even according to the learned Additional Public Prosecutor, the Investigating Officer had already issued notice under Section 35(3) of the BNSS to accused Nos.1 to 4 and 8 to 10 on 13.07.2026. Hence, this Court is of the considered view, the Investigating Officer ought to have followed the very same procedure in respect of accused Nos.5 to 7. Hence, the Investigating Officer is directed to follow the due procedure contemplated under the provisions of the BNSS, and also the guidelines formulated by the Hon'ble Apex Court in Arnesh Kumar (supra) in so far petitioners/accused Nos.6 to 8 concerned and the accused Nos.1 to 4 and 8 to 10 are entitled to put-forth their grievance by raising all the pleas which are available to them pursuant to the notice issued under Section 35(3) of BNSS.

Accordingly, the Criminal Petition is disposed of.

Miscellaneous applications, pending if any, shall stand closed.