CRLP/17267/2026 of BHASHETTI NAGA RAJU, Vs The State of Telangana, on 15 October 2026

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE FIFTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE J SREENIVAS RAO CRIMINAL PETITIO NNO 17267 0F 2026 Between: BHASHETTINAGARAJU,S/o'BhashettiPandu,Agedabout39Yrsocc Business, R/o' H'No. 8-43t36N15, Raghavendra Colony' Boduppal, Medchal Irilalkaj giri Distrtct. ... Petitio ner/Accused No. 1 AND 1'ThestateofTelangana,RepbyitsPublicProsecutor,Hon'bleHighCourtof Telanga na, Hyderabid. "'Responde nt

2. Smt. Bhukya Saritha,, Wio Santosh Kumar' Aged about 40 Yrs' Occ' House Hold, R/o. U.No. t, Vinayaka Nagar, Kamareddy Town 85 District ...RespondenUDefacto-Complainant PetitionunderSection528ofBNSSprayingthatinthecircumstancesstatedinthe Memorandum of Grounds of Criminal Petition' the High Court may be pleased lo quash theproceedingagainstthePetitioner/AccuSedNo.linFlRNo.T32of2026onthefrleof P.S. KamareddY Town. A. NO: 2 OF 2026 t. PelitionunderSection52SofBNSSprayingthatintheCircumstancesstatedinthe I\/emorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings including arrest of Petitioner/Accused No 1 in FIR No' 732 of 2026 on the file of P.S. Kamareddy Town pendrng disposal of the above criminal petition'

This Petrtion coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Gafar lvlahammad, Advocate for the Petrtioner and the l\,4r. Jithender Rao Veeramalla, Additional Publrc Prosecutor on behalf of the Respondent No.1 and of None appeared for the Respondent No. 2. The Court made the following: ORDER

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAI) THE HONOURABLE SRI JUSTICE J.SREENTVAS RAO CRIMINAL PETITION No.17257 of2026 CNR. No. HBHCO107l9 1220.26 Date: 15.1O.2O26 Between: Bhashetti Naga Raju Petitioner/ accused No. 1 AND The State of Telangana and another Responden ts ORDER, This Criminal Petition has been filed seeking to quash the proceedings in Crime No.732 of 2026 of Kamareddy Twon policc Station, Kamareddy District, wherein the petitioner was arrayed as accused No. 1, registered for the offences punishable under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNSJ.

2. Heard Mr. Gafar Mahammad, learned counsel for the petitroner and Mr. Jithender Rao Veeramalla, and 1earned Additional Public Prosecutor for respondent No. 1. With their conscnt, this crimjnal petition is disposed of at the s[age of admission.

3. Learned counse 1 for the petitioner submitted that the petitioner has not committed the alleged offences and hEs been -

f:rlsely implicated in the present crimc. The allegations leveiled in the complaint are purely civil in natu re, in respect of monetarv transaction. Respondent No.2 ought to have approached a compelent civil Court, on the other hand, lodged the present complaint, b1- giving it a criminal colour. Hence, continuation of the proceedings against the petrtioner is a clear abuse o1' the process of law. He further submitted that the ollences allcged against lhe petitioner arc punishable with imprisonmenI of ]ess than seven years TLre Investigating Officer, rvithout follou'ing [he mandatory procedure prescribed uncler Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'the BNSS) and without following the guidelines formulalcd by the Hon'ble Supreme Court in Arnesh Kumar Vs. State o;f Biharr, is proceedrng further in the matter and the same is contrary to law.

4. Per contro. Iearned Additional Public Proseculor submitted that there are specific allegations levt:lled against the petitioner in the complaint that the petitioner- received huge amount lrom respondent No.2 r,r'ith a dishonest intention and the said allegation pima facie attracts cognizable offence ' Whether the allegations made against the petitioner are true or not, rhc samc has to be rcvealed during the course of investigation, especiallv the investigation is under progress. (2o r.r ) 8 s(.(. 173

Hence, the pelitioner is not enti[led to seek quashment of the procecdings agajnst him at threshold. Sincc the offences tevelled against the petitioner are punishable with imprisonment of less than seven years, when the lnvestigating Officer is trying to follow the due procedure as contemplated under the provisions of Section 35(3) of the BNSS, the petitioner is evading the receipt of notice and not cooperating with the investigation from the date of registration of crime.

5. Learned counscl lbr the pctitioner by way of rcply submitted that the petitioner will cooperate with the rnvestrgatron

6. Having considered the rival submissions made by the respective parties and upon perusal of the material available on record, it reveals that the allegations levelled in the complaint about the dishonest intention on the part of the petitioncr. Whether the said allegations are true or not, the same will be revealed during the course of investigation. The offences Ievelled against the peti[ionel'are punishable with imprisonment of less than seven years. Even according to the learned Additional Public Prosecutor, lhe Investigating Officer wants to follow the due procedure as conlemplated under the provisions of Section 35(3) of the BNSS

To,

7. In vieu' of the same, the petitioner is directed to appear before the Investigatrng Officer on or belore 30.1O.2026 and on suc h appearance, the Investigating Olfrcer rs dlrected to follou' the procedure contemplated under the provisrons of the BNSS, ancl also the guidelines formulated by the Hon'b1e Apex Court in Arnesh Kumar (supra) and the petitioner shall cooperate with the investigalion. It is needless to mention that the petitioner is entitlecl to submit reply to the notice under Section 35(3) of the BNSS b1'raising all the pleas u'hich are available to him and he is also entitled to submlt the documents, il an1', which are in his custody, to the lnvestigating Officer.

8. Accordingly, the Criminal Petition is disposed of Miscellaneous applications, pending if any, shall stand closed. Sd/- B. PRIYADARSHINI JAISWAL ASSISTANT REGISTRAR ,TRUE COPY// SECTI FFICER

1. The Judicial Frrst Class lvlagistrate at Kamareddy.

2. The Station House Officer, Kamareddy Town Police Station, Kamareddy District.

3. Two CCs to the Public Prosecutor, High Court for the State of Telangana, at Hyderabad (OUT)

4. One CC to Sri Gafar Mahammad. Advocate [OPUC]

5. Two CD Copies l)l_/AaK

8. tr

HIGH COURT DATED: 1511012026

ORDER

f',:e OF CRLP.No.17267 of 2026 $$r$ .L I,) o \i\1 +. o +O84 DISPOSING OF THE CRIMINAL PETITION 8 cope-5 t+\ro \ u- c rL-L .t