Smt. B.Bhagya vs The State Of Telangana & Ors.

This Criminal Petition has been filed seeking to quash the proceedings in Crime No.70 of 2026 of Tukaramgate Police Station, Hyderabad, wherein the petitioner were arrayed as accused for the offences punishable under Section 308(2) of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS').

Heard Mr.D.Ramakrishna, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent Nos.1 and 2.

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

Learned counsel for the petitioner submits that the petitioner has not committed the alleged offences and has been falsely implicated in the present case. Respondent No.2 has made omnibus allegations that the petitioner demanded amount on the ground that she had sustained injuries at the hands of respondent No.3 and that he paid an amount of Rs.40,000/-. However, the petitioner neither received any amount nor demanded any amount, as alleged in the complaint. Respondent No.2 implicated the petitioner as an accused only on the ground that three other cases are pending against her. He further submits that respondent No.2 has not placed any material or evidence, either in support of the complaint or during the course of investigation by the Investigating Officer, to establish that he paid the alleged amount in any particular mode. He further submitted that the offences levelled 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 Bihar¹, 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 petitioner that respondent No.2 had paid an amount of Rs.40,000/- towards her

---^{}[] (2014) 8 SCC 273 medical expenses on the ground that the petitioner had sustained injuries at the railway station. Whether the allegations levelled in the complaint are true or not has to be revealed during the course of investigation. He further submits that the Investigating Officer has recorded the statements of LWs.1 and 2 and the investigation is in progress. The petitioner is also involved in three other crimes and, therefore, the petitioner is 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 petitioner is not coming forward to receive the notice under Section 35(3) of BNSS and not cooperating with the Investigating Officer from the date of registration of the crime i.e., 04.06.2026.

By way of reply, learned counsel for the petitioner submits that the petitioner 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 levelled against the petitioner are punishable with imprisonment of less than seven years. Even according to the learned Additional Public Prosecutor, the Investigating Officer intends 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 petitioner is directed to appear before the Investigating Officer on or before 25.08.2026 and submit reply/explanation along with the documents, which are available with her, 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.