CRLP/15872/2026 of Ravinder Vendi Vs The State of Telanana on 29 September 2026

ORDER

This Criminal Petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, (fot short 'the BNSSJ bv the petitioners / accused Nos.l to 3 seeking to quash the pr<rceedings in Crime No.520 of 2026 of Subedari Police Station, Warangal District, registered for the offences punishable under Se,:tions 318(4), and 351(3) 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, ar:d Mr. V. Jithender Rao, learned Additional Public Pr,rsecutor, zrppearing for respondent No. 1 . With their consent, the criminal petrtion is disposed of at the stage of admissic,n.

- )

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 1eve11ed in the complaint, the ingredients of the offences punishable under sections 318(a) and 351(3) 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 civil Court, on the other hand, lodged the present complaint by giving it a criminal .oior.. He further submits that at the instance of respondent No.2, when the police officials interfered in respect of monetary disputes, the petitioners have approached this Court and filed W.P.No.18640 ol 2026, questioning the action of the official respondent Nos. 1 to 5 from interfering with the civil disputes at the instance of the unofficial respondent Nos'6 to 12 This Court granted interim direction directing respondent No 5 not to harass the petitioners by calling to the police station by giving threatening calls without having any valid reason'

4. He further submits that thereafter, the pelitioners again approached this Court and filed another W'P No 3O628 of 2026' questioning the action of official respondents therein esPeciallY calling the Petitroners to Police respondent Nos.3 to S-Police 1n

'-rrt!-r-E!!!ar7

station by giving threatening calls without ha'".ing any valid reasons, which is contrary to the orders passed by this Court in W.P.No.1864O ctf 2026. When the said writ petition is came up for hearing, learne d Assistant Government Pleader for Home for respondent No.1 to 5, basing on the written instrLlcti()ns received from the concerned officer, submitted that three crimes were registered against the petitioners by respondent Nos.3 to 5 police station. Taking into consideration the above said submission, this Court directed the respondent-police to follow the procedure as contemplated under Section 35(3) of the BNSS and to strictly follow the guidelines laid down by the Hon'ble Apex Courl- in Arnesh Kumar ys. State oJ Biharl. This Court further hel(l that if the provisions of Section mentioned in the FiR are altered, as a corrsequence, Section 35(3) of the BNSS is not applicable, the respondent police are at the liberty to take further action in acr:ordance wjth 1aw. In spite of the above said order, the Ini,estigating Officer, without following the mandatory procedure as contemplated 'rnder law and principles laid down by the Hon'b1e Apex Court in Arnesh Kumqr (supral, is proceeding further in the mzrtter and the same is contrary to law. 1(20t4) I scc 273

5. Per contra, learned Additional Public Prosecutor submitted that there 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 of 2026, 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 u'ith' the investigation' 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 matenal available on record, it reveals that the petitioners filed W.P.No'3O628 of 2026, questioning the action of the ofhcial respondents in calling the petitioners to police station and interfering with the civil disputes pending between the petitioners and respondent No'2 This Court, on 76.09.2026, while disposing of the said writ petition, directed the police-rispondents to issue notice under Section 35(3) of the BNSS to the petitioners and to fo1low the guidelines of Arnesh

-.qI: !

Kurnar (supra) The specific case of the learned counsel for the petitioners is that the offences levelled against the petitioners are punishable q,ith imprisonment less than seven years. In spite of the specific dirt:ction issued by this Court, the Investigating Officer harl not served the notice under Section 35(3) of the BNSS. Whereas, the specific case of the learned Additional public Prosecutor is tnat, when the Investigating Officer is trying to serve the notice uncler Section 35(3) of the BNSS, the petrtioners are evading the receipt of notice and not cooperating with the investigation.

8. Taking into consideration the peculiar facts and circumstances of the case and the submissions made by the respective parr:ies, tlie 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 fo11ow the procedure corrtemplated under the provisions of the BNSS, and also the guiclelines formulated by the Hon,ble Apex Court in Araesh Kurnqr (supral and the petitioners shall cooperate with the investigation. It is needless to mention that the petrtioners are errtitled to submit reply to the notice under Section 35(3) of the BNSS by 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/. B. REKHA RANI ASSISTANT REGISTRAR //TRUE COPYi/ SECTION OFFICER

1. The lll Addl. Judicial Magistrate of First Class, Hanumakonda 2, The Station House offrcer, Subedari Police Station, Warangal District

3. TwoCCstoPUBL|CPROSECUTORHighCourtfortheStateofTelangana, at Hyderabad [OUT]

4. One CC to SRl. AJAY KUIVAR MADISETTY Advocate [OPUC] 5 Two CD CoPies TPK/GNK Yt-

HIGH COURT DATED: 29109t2026

ORDER

CRLP.No.15872 of 2026 q ot! CRIMINAL PETITION !S DISPOSED OF E T F Lt o e I" ) a +,. ;\ .s $ ) i \\ t'i. i- tt D % ""st.r\&' o