CRLP/17094/2026 of Gaddam Maraiah Vs The State of Telangana on 14 October 2026

ORDER

This Criminal Petition has been filed seeking to quash the proceedings in Crime No.643 of 2026 of Khammam Rural Police Station, Khammam District, wherein the petitioners was arrayed as accused Nos.l to 6, registered for the offence punishable under Sections 296(b), 115(2), 351(2) read with 3(5) of the Bharativa Nyaya Sanhita, 2023 (for short 'BNS').

2. Heard leamed counsel for the petitioners and Mr' Jithender Rao Veeramalla, leamed Additional Public Prosecutor for respondent No.l. With-tlGir consent, this criminal petition is disposed of at the stage of admission.

3. Leamed counsel for the petitioners submitted that the petitioners have not committed the alleged offence and has been falsell, implicated in the present crime by making omnibus allegations and there are disputes between the petitioners and respondent No.2 and to devolve the said disputes, filed the present complaint by giving it a criminal colour. Even according to the allegations levelled in the complaint. the ingredients of the offence punishable under Sections 2lt6(b), 115(2).351(2) read with 3(5) of the BNS are not attracted against the petitioners. The petitioners have not abused respondent No.2 in filth;. language. Hence, continuation of the proceedings against the petitioners is a clear abuse of the process of law. He frrrther submitted that the offences alleged against the peritioners are punishable with imprisonment of less than seven years. The Investigating Officer. without following the mandatorl procedure prescribed under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita. 2023 (for short 'the BNSS') and without following the guidelines tbrmulated by the Hon'ble Supreme Court in Arnesh Kumar Vs. Stute of Bihart, is proceeding further in the matter and the same is contrary to law. '(uot+t 8 scc:r';

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4. Per contra, leamed Additional Public Prosecutor submitted that there are specific allegations levelled against the petitioners in the complaint that the petitioners abused the respondent No.2 in filthy language and respondent No.2 sustained injuries. Whether the allegations made against the petitioners are true or not, the same has to be revealed during the course of investigation, especially the investigation is under progress. Hence, the petitioners are not entitled to seek quashment ofthe proceedings against him. Since the offences levelled against the petitioners are punishable with imprisonment of less than seven years, when the Investigating Officer is trying to follow the due procedure as contemplated under the provisions of Section 35(3) of the BNSS, the petitioners are evading the receipt of notice and not cooperating with the investigation from the date of registration of crime i.e., 27 .09 .2026.

5. Learned counsel for the petitioners by way of reply submitted that the petitioners will cooperate with the investigation.

6. Having considered the rival submissions made by the respective parties and upon 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 Pqblic Prosecutor, the I

Investigating Officer wants to follow the due procedure as contemplated under the provisions of Section 35(3) of the BNSS

7. In view of the same, the petitioners are directed to appear belbre the Investigating Officer on or before 27.10.2026 and on such appearance, the lnvestigating Officer is directed to follow the procedure contemplated under the provisions of the BNSS, and also the guidelines forn-rulated by the Hon'ble Apex Court in Arnesh Kunnr (supra) and the petitioners shall cooperate with the investigation. It is needless to mention that the petitioners are entitled to submit reply to the notice under Section 35(3) of the BNSS by raising all the pleas which are available to them and they are also entitled to submit the documents, if any, which are in their custody, to the Investigating Offi cer

Accordingly, the Criminal Petition is disposed of, Nliscellaneous applications, pending if any, shall stand closed SD/- MOHD. OSMAN ALI BAIG, ASSISTANT REGISTRAR //TRUE COPY// SE OFFICER To

The ll Additional Judicial First Class Magistrate at Khammam. The station House officer, Khammam Rurar porice Station, Khammam District. Two CCs to public prosecutor, High Court for the State of Telangana, at Hyderabad [OUT]

4. One CC to Sri. R

5. Two CD Copies apolu Bhaskar, Advocate tOpUCI pr \

HIGH COURT DATED: 1411012026

ORDER

CRLP.No.17094 of 2026 DISPOSING OF THE CRIMINAL PETITION ,l VI( (i-ru s IA 16' o+ \ ) c).)

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