CRLP/10458/2026 of Vaddadhi Durga Buchi Raju Vs The State of Telangana on 29 September 2026

ORDER

This Criminal Petition has been filed seeking to quash the proceedings in F.I.R.No.122 of 2026 of Vemsoor Police Station, Khammam District, wherein the petitioner was arrayed as accused No.2, for the offences punishable under Sections 31tt(4), of the Bharatiya Nyaya Sanhita,2023 (for short, 'BNS'), 4 read with 20 oithe lndian Treasure Trove Act, 1878 (for short 'ITTA')

2. Heard Mr. Aashir M. Khan leamed counsel representing NIr. P. Sai Kishore, leamed counsel for the petitioner, and Between:

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Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor for the respondents.

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

4. Leamed counsel for the petitioner submitted that the petitioner has not committed the alleged offences and has been falsely implicated in the present crime, especially, there is no dishonest intention on the part of the petitioner and the ingredients for the offences under Sections 318(4) ofthe BNS, and Section 4 read with 20 of ITTA are not attracted against the petitioner. Hence the continuation of proceedings against the petitioner is a clear abuse of 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 (for short 'BNSS') and without following the guidelines formuiated by the Hon'ble EF!7

Supreme Court in Arnesh Kumar Vs. State of Biharr, ts proceeding further in the matter and the same is contrarv to law.

5. Per contra, learned Additional public prosecutor submitted that there are specific alregations levelled in the complaint that the p(ltitioner along with other accused was involved in illegal excavation by believing that golden treasures were hidden underground, at Shivalayam Temple, Kunchaparthy \/illage and decided to perform ritual to extract them. While they were digging in the tempJe u.ith the help of laborers, the police apprehended them. The said allegation prima /acie discloses cognizable oflences. whether the allegations levelled in the compraint are true or not, the same will be revealed during the course of investigation and the investigation is under progress. At this stage. the petitioner is not entitled to seek quashment of the proceedings against him at the: threshold. However, the offences levelled against the petitioner are punishable with imprisonment of less than seven years, the Investigating Officer had already issued notice under Section 35(3) BNSS to accused Nos.1, 3 to 5 on 23.06.2026 and Investigating Ofllcer wants to lbllow the same procedure as contemplated under '(:o ,r) 8 scc:rl !-

Section 35(3) of the BNSS and also the guidelines formulated by the Apex Court in Arnesh Kumar (supra) in respect of petitioner/accused No.2

6. Learned counsei for the petitioner by way of reply submitted that the petitioner will cooperate with the investigation 1 . Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that the offences levelled against the petitioner are punishable with imprisonment of less than seven years' Even according to the learned Additional Publib Prosecutor, the Investigating Ofhcer had already issued notice under Section 35(3) of the BNSS to accused No.1

8. In view of the same, the lnvestigating Officer is entitled to follow the same procedure contemplated under Section 35(3) of the BNSS and follow the guidelines issued by the Apex Court in Arnesh Kumar (supra) in so far as petitioner/accused No.2 is concerned. It is needless to mention that the petitioner is entitled to submit reply to the notice under Section 35(3) of the BNSS, whenever receives from the Investigating Officer, by raising all the pleas which are available to him and he is also entitled to submit the documents, if any, which are in his custody, to the Investigating Ofhcer

9. Accordingly, the Criminal Petition is disposed of. Miscellaneous applications, pending if any, shall stand closed SDi- K. BHAVANI SWAMY ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER

1. The Prl. Junior Civil Judge cum Judicial lVlagistrate of First Class, Sathupally

2. The Station House Officer, Police Station Vemsoor, Khammam District 3 Tlr,o CCs to PUBLIC PROSECUTOR High Court for the State of Telangana, at Hyderabad [OUT] 4 Ore CC to SRl. PODILLA SAI KISHORE Advocate [OPUC] 5 Tu'o CD Copies TPK/GNK To, g

HIGH COURT DATED: 2910912026

ORDER

CRLP.No.10458 of 2026 CRIMINAL PETITION tS DISPOSED OF \1E ST,4l t: k 0I 0[T ?[26 ct q ,p( 6h 1\r."\+