Shobha @ Tokala Shobha & Ors. vs The State Of Telangana & Anr.

This Criminal Petition has been filed by the petitioners seeking to quash the proceedings in Crime No.150 of 2026 of Nandipet Police Station, Nizamabad District, registered for the offences punishable under Sections 85 of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS') and Section 4 of the Dowry Prohibition Act (for short 'DP Act').

Heard Mr.A.Praneeth, learned counsel representing Mr.Allika Suresh, learned counsel for the petitioners 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 petitioners submits that the petitioners have not committed the alleged offences and have been falsely implicated in the present case only on the ground that they are parents, sister and brother-in-law of accused No.1. The petitioners never harassed respondent No.2 either physically or mentally, nor demand any additional dowry, as alleged in the complaint. He further submitted that the ingredients of the offences under Sections 85 of the BNS and Section 4 of the DP Act are not attracted against the petitioners and 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 Sanita, 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 petitioners regarding the harassment caused by them and the demand for additional dowry. Whether the petitioners have committed the offence or not have to be revealed during the course of investigation and the petitioners are 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 petitioners are punishable with imprisonment less than years. However, the petitioners are not coming forward to receive the notice under Section 35(3) of BNSS and not cooperating with the Investigating Officer.

By way of reply, learned counsel for the petitioners submits that the petitioners 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 petitioners are punishable with imprisonment of less than seven years. Even according to the learned Additional Public Prosecutor, the Investigating Officer want 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).

In view of the above, the petitioners are directed to appear before the Investigating Officer on or before 31.08.2026 and submit reply/explanation along with the documents, which are available with them, 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.