CRLP/15854/2026 of Vendi Ravinder Vs The State of Telanana on 29 September 2026

ORDER

This Criminal petition has been filed under Section 52g of the Bharatiya Nagarik Suraksha Sanhita, 2023, (for short the BNSS) by the peti tioners/ accused Nos.1 and 2 seeking to quash the proceedings in Crime No.147 of 2026 of Mam:roor police Stat.ion, Warangal District, registered for the offences punishable , under Ser:tions 318(4), 296(b), and 351(a) read with 3(5) of the Bharatiya Nyaya Sanhita,2023 (for short ,the BNS,).

2. Heard Mr. M. Ajay Kumar, learned counsel for the petitioners, and Mr. V. Jithender Rao, learned Additional public Prosecutor, appearing for respondent No.1. With their consent, the crinrinal petition is disposed of at the stage of admission.

3. Learned counsel for the petitioners submitted that the petitioners have not committed the alleged offences and have been falsely implicated in the present crime Even according to the allegations levelled in the complaint, the ingredients of the offences punishable under sections 3 1 8(a) , 296(b\, and 35 1 (4) read with 3(5) of the BNS are not attracted against the petitioners' The allegations levelled in the complaint are purely civil in nature in respect of monetary transaction Respondent No 2 ought to have approached a competent clvil Court, on the other hand' lodged the present complatnt by giving it a criminal colour' He further submits that at the instance of respondent No'2' when the police ofhciais interfered in respect of monetary disputes, the petitioners have approached this Court and filed W P'No 18640 of 2026' questioning the action of the ofhcial respondent Nos'1 to 5 from interfering with the civil disputes at the instance of the unofficial respondent Nos 6 to 12 in the said W P'' respondent No 2 herein was also made as party-respondent No g This Court granted interim direction directing respondent No 5 not to harass the petitioners by calling to the police station by giving threatening ca11s v"'ithout having any valid reason'

4. Hefurthersubmitsthatthereafter,thepetitionersagain approached this Court and ltled another W P No'30628 of 2026' questioning the action of official respondents therein especially hearing, iearned respondenL No. 1 respondent Nos.3 to S_police in calling the petitioners to police st.ation by giving threatening calls without having any valid reasons, rvhich is contrary to the orders passed by this Court in W.P.No. 18640 of 2026. When the said writ petition is came up for Assistant Government pleader for Home for FIR are altered, as a is not applicable, the take further action in above said order, the to 5, basing on the written instructions received frc,m thr: concerned officer, submitted that three cnmes were regrstered against the petitioners by respondent Nos.,3 to 5 police steLtion. 'faking into consideration the above said submission, this Court directed the respondent-police to follow the procedure as contemplatecl under Section 35(3) of the BNSS and to strictly follow theguidelines laid down by the Hon,bie Apex Couri in Arnesh Kumar Vs, State of Bihart. This Court further hel(l that if the prcvlslons oi' Section mentioned in the cor.sequence, Section 3S(3) of the BNSS res.ondent police are at the liberty to accordance rvirh Iaw. In spite of the Invr:stigating Officer, without following the mandatory procedure as contemplated under law and principles laid down b1, the Hon,ble Apex Court in Arnesh l<umar (supra), is proceeding further in the matter and the same is contrary to law '1zot+1 8 scc zz:

5. Per contra, learned Additional Public Prosecutor submitted that lhere are specific allegations levelled in the complaint against the petitioners that the petitioners, with a dishonest intention, collected huge amount from respondent No.2. The allegations leveled in the complaint attract the ingredients of the above said offences. However, pursuant to the order passed by this Court in W.P.No.3O628 ol 2026, when the Investigating Off-rcer 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 rnvestigation. Hence, the petitioners are not entitled to seek any relief.

6. Learned counsel for the petitioners by way of reply submitted that the petitioners will cooperate with the investigation' 7 . Having considered the rival submissions made by the respective parties and upon perusal of the material available on record, it reveals that the petitioners fi1ed W.P No 30628 of 2026' questioning the action of the official respondents in calling the petitioners to police station and interfering with the civil disputes pendrng between the petitioners and respondent No.2' This Court, or-L 16.O9.2026, while disposing of the said writ petition, directed the police-respgndents to issue notice under Section 35(3) of the BNSS to the petitioners and to follow the guidelines of Arnesh

Kumar (supra). The specific case of the learned counsel for the petitioners is that rhe offences levelled against the petitioners are punishable u'ith imprisonment 1ess than seven years. In spile of the spe.cific direction issued by this Court, the Investigating Officer had nrtt served the notice under Section 35(3) of the BNSS. whereers, the specific case of the learned Additionai public Proseclrtor is that, w-hen the Investigating Officer is trl.ing to serve the notice under Section 35(3) of the BNSS, the petitioiters are evading the receipt of notice and not cooperating with the investigation.

8. Taklng into consideration the peculiar facts and circumstances of the case and the submissions made by the respecr-ive parties, the petitioners are directed to appear before the Investigating Officer on or before 13.10.2026 and on such appearance, the Investigating Officer is directed to follow the procedure contemplated under the provisions of the BNSS, and also the guidelines formulated by the Hon,ble Apex Court in Arnesh Kumar ( supra) and the petitioners shall cooperate with the rnvestigation. It is needless to mention that the petrtioners are entitle(rl to subrrrit reph' to the notice under Section 35(.3) of the IINSS b1' raising all the pleas which are available to them and thev

To is also entitled to submit the documents, if any, which are in their custody, to the Investigating Officer 9 . Accordingly, the Criminal Petition is disposed of Miscellaneous applications, pending if any, shall stand closed SD/. K. BHAVANI SWAMY ASSISTANT REGISTRAR //TRUE COPY// SECTI N OFFICER

1. The Prl. Judicial Magistrate of First Class, Warangal

2. The station House officer, porice Station Mamnoor, warangar District

3. Two ccs to PUBLTC pRoSECUToR High court for the state of rerangana, at Hyderabad [OUT]

4. One CC to SRl. AJAY KUMAR MAD|SETTY Advocate tOpUCI

5. Two CD Copies TPK/GNK \t(

HIGH COURT DATED: 2910912026

ORDER

CRLP.No.15854 ot 202G CRIMINAL PETITION IS DISPOSED OF "t htE S R Cr :< ,\ 3 os o[I zu6 ($( Zr at! , \) .,/.

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