Puchakayala Govardhan Rao @ Gangadhar Rao vs The State Of Telangana & Anr.

This Criminal Petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, (for short 'the BNSS') by the petitioner/accused No.2 seeking to quash the proceedings in Crime No.406 of 2026 of Subedari Police Station, Warangal District, registered for the offences punishable under Sections 318(4), and 351(3) read with 3(5) of the Bharatiya Nyaya Sanhitha, 2023 (for short 'the BNS').

Heard Mr. G. Prem Kumar Reddy, learned counsel for the petitioner, Mr. Jithender Rao Veeramalla, learned Additional Public Prosecutor, appearing for respondent No.1.

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

Learned counsel for the petitioner submitted that the petitioner has not committed the alleged offences and has been falsely implicated in the present crime. Even according to the allegations levelled in the complaint, the ingredients of the offences punishable under Sections 318(4), and 351(3) read with 3(5) of the BNS 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 formulated by the Hon'ble Supreme Court in Arnesh Kumar Vs. State of Bihar¹, is proceeding further in the matter and the same is contrary to law.

Per contra, learned Additional Public Prosecutor submitted that there are specific allegations levelled against the petitioner in the complaint to attract the above said offences. Whether the said allegations are true or not, the same has to be revealed during the

---^{}[] (2014) 8 SCC 273 course of investigation and the petitioner is not entitled to seek quashment of proceedings against him at threshold, especially when the investigation is under progress. He further submitted that, since the offences leveled against petitioner are punishable with imprisonment of less than seven years, the Investigating Officer will follow the due procedure as contemplated under Section 35(3) of the BNSS and also the guidelines formulated by the Apex Court in Arnesh Kumar (supra) and the petitioner shall cooperate with the investigation.

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

In view of the same, 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) in respect of petitioner/accused No.2 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 Officer.

Accordingly, the Criminal Petition is disposed of.

Miscellaneous applications, pending if any, shall stand closed.