Srikanth Kolishetti & Ors. vs The State Of Telangana & Anr.

This Criminal Petition has been filed by the petitioners/accused Nos.1 to 5 seeking to quash the proceedings in F.I.R.No.53 of 2026 of Pasra Police Station, Mulugu District, registered for the offences punishable under Section 85 of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS') and Sections 3 and 4 of the Dowry Prohibition Act, 1961 (for short 'DP Act').

Heard Mr.Abhishek Dubery, learned counsel representing Mr.Shashank Garige, 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 submitted that the petitioners have not committed the alleged offence and have been falsely implicated in the present case. The petitioners have never harassed respondent No.2 for additional dowry, and the ingredients of the offences punishable under Section 85 of the BNS and Sections 3 and 4 of the D.P. Act are not attracted against the petitioners. Respondent No.2 herself left the matrimonial house and filed the present complaint by implicating all the family members of her husband as accused, by making omnibus allegations. When Sub-Inspector of Police, Pasra Police Station, Mulugu District interfering with the personal liberty of the petitioners at the instance of respondent No.2, the petitioners approached this Court and filed W.P.No.12366 of 2026. On 21.04.2026, this Court while ordering notice before admission, directed respondent No.4 not to interfere with the inter se civil disputes between the petitioners and respondent No.4 therein without following due process of law and the said writ petition is pending. He further submitted that the offences alleged against the petitioners are punishable with imprisonment of less than seven years. The Investigating Officer issued notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) to petitioner No.1 only. Pursuant to the same, petitioner No.1 submitted his reply. Inspite of the same, the Investigating Officer is summoning petitioner No.1 to the Police Station. He further submits that the Investigating Officer without following the mandatory procedure prescribed under Section 35(3) 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}, in respect of petitioner Nos.2 to 5, 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 about physical and mental harassment made by the petitioners and also demand of additional dowry. The ingredients for the offence under Section 85 of the BNS and Sections 3 and 4 of the D.P. Act attracts against the petitioners. Whether the allegations levelled in the complaint are true or not, the same will be revealed during the course of investigation and the petitioners are not entitled to seek quashing of the proceedings at this stage. He further submits that the Investigating Officer had already issued notice under Section 35(3) BNSS to petitioner No.1 and he will follow the same procedure in respect of the petitioner Nos.2 to 5 also.

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 parties, the Investigating Officer has already issued notice under Section 35(3) BNSS in respect of petitioner No.1.

In view of the same, 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) in respect of petitioner Nos.2 to 5 and they are entitled to submit reply/explanation along with the documents, which are available with them, to the Investigating Officer. Petitioner No.1 is also entitled to submit reply/explanation along with the documents which are available with him to the Investigating Officer, if not already served.

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