CRLP/15658/2026 of Sri. K. Prem Kumar, Vs The State of Telangana, on 23 September 2026

ORDER

This Criminal Petition has been filed seeking to quash the proceedings in Crime No.l60 of 2026 of Maddur police Station. Siddipet I)istrict, wherein the petitioner was arrayed as accused No.2, registered for the offence punishable under Section 31g(4) read with 3(5) of the Bharatiya Nyaya Sanhita,2023 (for shorr ,BNS,).

2. Heard Mr. V. S. Sudhakar, Iearned counsel for the petitioner and Mr. Jithender Rao Veeramalla, and leamed Additional public Prosecutor for respondent No.1. With their consent, this criminal petition is disposed of at the stage of admission.

a s F E E E E. vi ,F.

3. Leamed counsel for the petitioner submitted that the petitioner has not committed the alleged offence and has been falsely implicated in the present crime. The allegations levelled in the complaint are purely civil in nature. Especially, a civil suit vide O.S'No'90 of 2026 before the Principal Junior civii Judge, cheriyal at Siddipet District is pending, which was filed by the petitioner as a trustee of KCMB Memorial Trust. Respondent No.2 ought to have approached a competent civil'Court, on the other hand, filed the present complaint by giving it a criminal colour. There is no dishonest intention on the part of the petitioner. Even according to the allegations levelled in the complaint, the ingredients of the offence punishable under Section 318(4) read with 3(5) of the BNS are not attracted against the petitioner. Hence, continuation of the proceedings against the petitioner is a clear abuse of the process of law. He further submitted that the offences alleged against the petitioner are punishable with imprisonment of less than seven years. The Investigating Officer, without foliowing the mandatory procedure prescribed under section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'the BNSS') and without following the guidelines formulated by the Hon'b1e Supreme Court in Arnesh Kumar Vs' State of Bihart, is proceeding further in the matter and the same is contrary to law' 1(2014) E scc 273

4. Per contra, learned Additional Public Prosecutor submifted that there are specific allegations levelled against the petitioner in the complaint to attract the above said offence. Whether the allegations made against the petitioner are true or not, the same has to be revealed during the course of investigation, especially the investigation is under progress. Hence, the petitioner is not entitled to seek quashment of the proceedings against him. Since the offences levelled against the petitioner are punishable with imprisonment of less than sev'en years, when the Investigating Officer is trying to follow the due procedure as contemplated under the provisions of Section 35(3) of the BNSS, the petitioner is evading the receipt of notice and not cooperating with the investigation from the date of registration of crime i.e., 01, .08.2026

5. Leamed counsel for the petitioner by way of repl1. submitted that the petitioner will cooperate with the investigation

6. Having considered the rival submissions made by the respective parties and upon 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 Public Prosecrrtlr, the

Investigating Officer wants to follow the due procedure as contemplated under the provisions of Section 35(3) of the BNSS.

7. In view of the same, the petitioner is directed to appear before the Investigating Officer on or before 06.10.2026 and on such appearance, the lnvestigating 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 petitioner shall cooperate with the 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, which are in his custody, to the Investigating Of{icer

8. Accordingly, the Criminal Petition is disposed of- Miscellaneous applications, pending if any, shal1 stand closed. SD/'K'BHAVANI swAMY /''l ASSISTANT BEGISTRAR / //TRUE COPY// SE ON OFFICER To,

1. The Station House Officer, Maddur Police Station' Siddipet District

2. TwoCCstoPUBL|CPRoSECUTORHighCourtfortheStateofTelangana' at HYderabad [OUT]

3. One CC to SRl. V S SUDHAKAR Advocate [OPUC]

4. Two CD CoPies a TPIOBA

HIGH COURT DATED: 2310912026

ORDER

GRLP.No.15658 of 2026 ,/'. /./ A 1 'r{E 5I4 01 0rT 2t[6 i .-., CRIMINAL PETITION IS DISPOSED OF ? Gf,* 1q )6