CRLP/15905/2026 of Kalal Maruthi Goud @ K. Maruthi Vs The State of Telangana, on 8 October 2026

ORDER

This Criminal petition has been filed under Section 52g 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.379 ot 2026 of Makthal police Station, Narayanpet District, registered for the offences punishable under Sections 69, 318(4), 351(2) read with 49 of the Bharatiya Nyaya Sanhita, 2023 (for short .the BNSJ and Sections 3(l)(r)(s), 3(1XwXi), and 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (for short .SC/ST ActJ Heard Mr. K. Narender, leamed counsel for the petitioner, Mr. Jithender Rao Veeramalla, learned Additional public

Prosecutor, appearing for respondent No. 1 and Mr. T. Rahul, learned counsel for respondent No.2.

3. With their consent, the criminal petition is disposed of at the stage of admission

4. Learned counsel for the petitioner submitted that the petitioner has not committed the alleged offences and has been falsely implicated in the present crime only on the ground that he is the father of accused No.l. There are matrimonial disputes between accused No.1 and respondent No.2, who are none other than wife and husband and due to those disputes, respondent No.2 lodged the present complaint. Even according to the allegations levelled in the complaint, there are no allegations much less specihc allegations that the petitioner abused respondent No.2/victim in the name of her caste. The alleged allegation mentioned in the complaint that accused No.1 informed respondent No.2 that the petitioner is not going to permit accused No.1 and respondent No.2 into the house on the ground that respondent No.2 belongs to SC/ST communit5r is not true and the said allegation would not attract the offences punishable under Sections 3(t)(r)(s), 3(1)(w)(i), and 3(2)(va) of the SC/ST Act and there is no conspiracy and dishonest intention on the part of the petitioner to attract the offences punishable under Sections 318(4), *',,-

351(2) read with 49 of the BNS. The ingredients of the offence punishable under Seclion 69 of the BNS are not attracted against tJ:e petitioner and it attracts only against accused No' 1' She further submits that accused No. 1 was arrested and enlarged on bail pursuant to the order dated 06.1O.2O26, passed by the learned Special Court for trial of Cases under SCs/STs (POA) Act-cumJl Additional District and Sessions Court, Mahabubnagar urde Crt.M.P.No.966 of 2026 in Crime No'379 ol 2026' Hence' the continuation of the proceedings against the petitioner is a clear abuse of the 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 lfor short BNSS) and without following the guidelines formulated by the Hon'ble Supreme Court in Arnesh Kumar Vs' State oJ Biltatl ' rs proceeding further in the matter and the same is contrary to law'

5. Per contra, learned counsel appearing on behalf of respondent No.2 submitted that at the instance of the petitioner' marital disputes were raised between accused No'1 and respondent No.2, immediately after four days of marriage, accused No'l and '(2014) 8 scc 273

the petil,ioner harassed respondent No.2, created problems and abused respondent No.2 in the name of her caste. Hence, the petiLioner is not entitled to seek quashment of the proceedings against him.

6. Learned Additional Public Prosecutor reiterated the very same submissions made by learned counsel for respondent No.2. He further submitted that since the other offences levelled against the petitioner/accused No.2 are punishable with imprisonment of less than seven years, the Investigating Officer will follow t1.e due procedure as contemplated under the provisions of Section 35(3) of the BNSS.

7. Having considered the rival submissions made by the respective parties and upon perusal of the material available on record, it reveals that the petitioner is none other than the father- in-law of respondent No.2 and father of accused No.1. Due to marital disputes between accused No. 1 and respondent No.2, she lodged the present complaint. Whether the allegations levelled in the cs6plzip1 are true or not, the same will be revealed during the course of investigation. Upon perusal of the allegations levelled in the complaint, this Court is of the primo facie view that the offence punishable under Section 69 of the BNS may not attract against the petitioner. Since the other offences levelled against the .,/"

petitioner are punishabre with imprisonment of ress than seven years, the petitioner is directed to appear before the Investigating Oflrcer on or before 17.10.2026 and on such appearance, the Investigating officer is directed to forlow the procedure contemplated under the provisions of the BNSS, and also the guideiines formulated by the Hon,ble Apex Court in Arnesh Kumar (supra) and, the petitioner shall cooperate with ttre 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 him and he is also entitled to submit the documents, if any, Investigating Officer. which are in his custody, to the

Accordingly, the Criminal petition is disposed of. Miscellaneous applications, pending if any, shall stand closed. SD/- K. BHAVANI SWAMY ASSISTANT REGISTRAR //TRUE COPYi/ b rp:o To, VH/GNK w SEC FFICER '1 . The Judicial First Class Magistrate at IVakthal 2, The Station House officer, Makthal Police Station, Narayanpet District,

3. Two CCs to Public Prosecutor, High Court for the State of Telangana' at Hyderabad [OUT]

4. One CC to Sri K. Narender, Advocate [OPUC]

5. One CC to Sri T. Rahul, Advocate [OPUC]

6. Two CD Copies

HIGH COURT DATED: 08t10t2026

ORDER

CRLP.No.15905 of 2026 DISPOSING OF THE CRIMINAL PETITION Y E STAIA, 12 0cT2U26 -) ,) v o ai -i- ). \.+ U-e )^-ai,i

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