CRLP/15604/2026 of G Vara Kumar Vs The State of Telangana on 7 October 2026

ORDER:

'Ihis Clrim inal petition has been filed under Section 52g ol the Bharatil,a Nagarik Suraksha Sanhita, 1023 (1br shofl ,thc BNSS,) by thc petitiorer/accused No. I seeking to quash the proceedings in crirne No.262 of 2026 ol Suryapet Town police Station. Suryapet Disrrict, registered tbr the oflences punishablc under Sections 7g and 79 of the Bharatiya Nyaya Sanhita, 2023 (fbr shoft .rhe BNS,).

2. I{eard Mr. Dunna Ambedkar, learned counsel tbr the petitioner, and Mr'Jithendar Rao Veeramaila, rearned Additionar pubric prosecutor 1br respondent No.l. With thcir consent, the criminal petition is disposed of at the stage o1'admission.

-

3. Leamed counsel for the petitioner submitted that the petitioner has notcommittedanyoffenceandhehasbeenfalselyimplicatedinthis crime. Even according to the allegations levelled in the complaint' the ingredients of the oflences under Sections '78 and 79 of the BNS are not attracted. Based upon the representation submitted by one J'Saritha' Security Guard at Govemment General Hospital' Suryapet' respondent No.2 lodged the present complaint' without obtaining prior permission as required under Section 173(3) o1'thc BNSS and the S H'O'' Suryapet Town Police Station registered thc crime and proceeding with the investigation and the same is contrary to law' 4.1 Per contra, leamed Additional Public Prosecutor submitted that there are specific allegations levelled in the complaint about the misbehaviour against J.Sarita, Security Guard' by the petitioner' Whether the allegations levelled in the complaint are true or not' the same will be revealed during the course of investigation, especially the investigation is under progress' At the time of filing the final report' the Investigating Officer will take the perrnission as required under Section 173(3) of the BNSS MeTe not obtaining the permission at the time of registration of the crime is not a ground for seeking quashing ol the proceedings.

are L'en accorcling ro thc lcarncd Acldirional IrLrblic p^r.;ccutor. thc 4.2 He further submitted that the offbnces levelled against the petltroner are punishable w,ith imprisonrnent of less than seven vears and the In'"'estigating officer had alreadl'se^'ed notice under Section 35(3) of the IINSS to thc petitioner on 11.09.1026 and the petitiont.r is cntitlcd to put torth his qric'ance by raising air rhe grounds arairabre to him. on the other hand, he approachcd this Courr and filed the present criminal petition Flence. tlre peritioner is nor entitred to seek quashing of the proceecl ings l{aving considered the submissions made by the respective parties and upon pcrusal of thc rnatcrial a'ailablc on rccord, it rel,cals that therc specitic allcgations levclled in rhc cornplaint lodgcd by respondenr No 2 thar the petitioner misbehavcd against J.Saritha, Securitv cuard Whether the allegations levelled in the complaint are true or not. the same tl ili be .er calcd during rhe coursc or- in'estigation, especiarl. thr. rnvestrgation rs under progress. How,ever, the of-tences levelled against the per itione. are punishable with imprisonment of less than seven 'ears. Investigating Olllcer had alread5, scrvcd notice under Section 35(3)ofthe BNSS

-

6. Hence, this Courl is of the view that the petitioner is entitled to put forth his grievance before the Investigating officer by raising all the pleas which are available to him and he is also entitled to submit the documents, which are in his custody' Officer is directed to scrupulously contemplated under the provisions o1'thc BNSS and the guidelines issued by the Iton'ble Apex Court in Arnesh Kumar Vs' State of Biharr' The petitioner shalI cooperate with the investigation'

7. With the above directions' the Ciiminal Petition is disposed ol' Misccllaneous applications' pe n<ling if any' shall stand closed' On such rePlY, the Investigattng follow the due Procedure AS //TRUE COPY// SD/- K. BHAVANI SWAMY ASSISTANT REGISTRAR SECTION OFFICER To,

1. The Additional Judicial First Class Magistrate Court at Suryapet'

2. The Station House Officer, Suryapet T-N Policjr Station' Suryapet District. i o"L cc t" Mr. Dunna Ambedkar, Advocate [oPUC]

4. Two CCs to puufic proslcuior ffign Court for the State of Telangana' at I li Hyderabad [OUT] 5 Two CD CoPies KAt\4/GNK '(2014) 8 scc 273

HIGH COURT DATED: 0711012026

ORDER

CRLP.No.15604 of 2026 DISPOSING OF THE CRIM!NAL PETITION flE STATF

o -)a() ...... \ 15 0[I 'r,i- ;\..: r ck'r.O