Vatti Janaiah Yadav & Ors. vs State Of Telangana & Anr.

This Criminal Petition has been filed seeking to quash the proceedings in Crime No.221 of 2026 of Suryapet (R) Police Station, Suryapet District, wherein the petitioners were arrayed as accused Nos.1, 2 and 4 for the offences punishable under Sections 329(3), 324(5) and 351(2) r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS').

Heard Mr.Chalakani Venkat Yadav, 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. The allegations levelled against the petitioners are purely civil in nature pertaining to immovable property. Respondent No.2 ought to have approached the competent Civil Court, on the other hand, filed the present complaint by giving criminal colour. He further submits that the ingredients of the offences under Sections 329(3), 324(5) and 351(2) r/w 3(5) of the BNS 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 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 against the petitioners to attract the ingredients for the offence under Sections 329(3), 324(5) and 351(2) r/w 3(5) of the BNS. The petitioners are involved in several other crimes and they 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.

Learned counsel for the petitioners submits that the petitioners will appear before the Investigating Officer to receive notice under Section 35(3) of BNSS and will submit reply to the said notice.

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 will 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 14.08.2026 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.