Shakapuram Shankaraiah vs The State Of Telangana & Anr.

This Criminal Petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by the petitioner/accused seeking to quash the proceedings in Crime No.263 of 2026 of Wankidi Police Station, Kumrambheem Asifabad, for the offences punishable under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023 (for short 'the BNS') and Section 29(1)(c) 7 of the Insecticides Act, 1968.

Heard Mr. P.Shashi Kiran, learned counsel for the petitioner, and Mr.V.Jithendar Rao, learned Additional Public Prosecutor for respondent Nos.1 and 2.

Learned counsel for the petitioner submitted that the petitioner has not committed any offence and has been falsely implicated in the present crime. Even according to the allegations levelled in the complaint, the ingredients of the offence under Section 318(4) of the BNS and Section 29(1)(c) 7 of the Insecticides Act, 1968 are not attracted. He further submitted that the offences levelled against the petitioner are punishable with imprisonment of less than seven years. However, the Investigating Officer, without following the mandatory procedure prescribed under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'BNSS') and the guidelines issued by the Apex Court in Arnesh Kumar Vs. State of Bihar^{11.(2014) 8 SCC 273}, is proceeding with the investigation and the same is contrary to law.

Per contra, the learned Additional Public Prosecutor submitted that there are specific allegations in the complaint against the petitioner and the police seized the property from the vehicle of the petitioner under a cover of panchanama. The allegations levelled in the complaint attracts the ingredients of the offence under Section 318(4) of the BNS and Section 29(1)(c) 7 of the Insecticides Act, 1968 and the petitioner is not entitled to seek for quashing the proceedings at this stage, especially investigation is under progress. He further submitted that the offences levelled against the petitioner are punishable with imprisonment below seven years and when the Investigating Officer is trying to serve the notice under Section 35(3) of the BNSS, the petitioner is avoiding receiving the notice and not cooperating with the investigation from the date of registration of the present crime i.e. 10.08.2026. Hence, the petitioner is not entitled to seek for any relief muchless the relief sought in the present criminal petition.

The learned counsel for the petitioner by way of reply submitted that the petitioner 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 petitioner are punishable with imprisonment of less than seven years. Even according to the learned Additional Public Prosecutor, the Investigating Officer wants to follow the due procedure as contemplated under Section 35(3) of the BNSS.

In view of the same, the petitioner is directed to appear before the Investigating Officer on or before 31.08.2026 and on such appearance, the Investigating Officer is directed to scrupulously follow the due procedure as contemplated under Section 35(3) of the BNSS and the guidelines issued by the Hon'ble Apex Court in Arnesh Kumar (supra). The petitioner shall cooperate with the investigation. It is needless to mention that the petitioner is entitled to put forth his grievance before the Investigating Officer by raising all the pleas which are available to him and he is also entitled to submit the documents, which are in his custody, pursuant to the notice going to be issued by the Investigating Officer under Section 35(3) of the BNSS.

With the above directions, the Criminal Petition is disposed of.

Miscellaneous applications, pending if any, shall stand closed.