Smt.Mengani Vennela @ P.Venala vs State of Telangana & Smt. Pitla Kala

This Criminal Petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, (for short 'the BNSS') by the petitioner/accused No.2 seeking to quash the proceedings in Crime No.181 of 2026 of Lalaguda Police Station, Hyderabad, registered for the offences punishable under Sections 316(2), 305 read with 3(5) of the Bharatiya Nyaya Sanhitha, 2023 (for short 'the BNS').

Heard Mr. Papaiah Peddakula, learned counsel for the petitioner and Mr. Jithender Rao Veeramalla, learned Additional 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 petitioner submitted that the petitioner has not committed the alleged offences and has been falsely implicated in the present case only on the ground that she is the wife of accused No.1. The entire allegations levelled in the complaint about the theft of documents from respondent No.2 are levelled against accused No.1 only. The petitioner had already lodged the complaint against the respondent No.2 and her husband before Women Police Station, Begumpet (Malkajgiri), Malkajgiri District on 26.03.2026. Basing on the said complaint, Crime No.52 of 2026 was registered for the offences under Sections 85, 115(2) of BNS, Sections 3 and 6 of Dowry Prohibition Act, on 08.06.2026. The respondent No.2 filed the present complaint implicating the petitioner as accused as a counterblast to the earlier complaint filed by the petitioner. He further submitted that petitioner never lived with accused No.1 and respondent No.2 from the date of their marriage in 2025. Inspite of the same, respondent No.2 implicated the petitioner in the present crime on 21.04.2026 by making omnibus allegations as a counterblast. Hence, continuation of proceedings against the petitioner is a clear abuse of process of law. 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 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 submitted that there are specific allegations levelled in the complaint against the petitioner and the accused No.1. Whether the allegations levelled in the complaint are true or not, the same has to be revealed during the course of investigation and the petitioner is not entitled to seek quashment of proceedings against her at threshold, especially when the investigation is under progress. He further submitted that, since the offences levelled against petitioner are punishable with imprisonment of less than seven years, the Investigating Officer will follow the due procedure as contemplated under Section 35(3) of the BNSS and also the guidelines formulated by the Apex Court in Arnesh Kumar (supra) and the petitioner shall 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 that the petitioner lodged the complaint against her husband and respondent No.2 and others on 26.03.2026 before WPS Begumpet, Malkajgiri Police Station, Malkajgiri District, which was registered as crime on 08.06.2026, whereas, the present complaint was lodged on 21.04.2026, against the petitioner and accused No.1 for the offence under Sections 316(2) and 305 read with 3(5) of BNS. 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 the provisions of the 35(3) of the BNSS.

In view of the same, the Investigating Officer is directed to follow the procedure contemplated under the provisions of the BNSS, and also the guidelines formulated by the Hon'ble Apex Court in Arnesh Kumar (supra) in respect of petitioner/accused No.2 and the petitioner shall cooperate with the investigation. It is needless to mention that the petitioner is entitled to submit reply to the notice under Section 35(3) of the BNSS by raising all the pleas which are available to her and she is also entitled to submit the documents, if any, which are in her custody, to the Investigating Officer.

Accordingly, the Criminal Petition is disposed of. Miscellaneous applications, pending if any, shall stand closed.