Talusani Venkateshwar Reddy 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 seeking to quash the proceedings in Crime No.1927 of 2026 of Narsingi Police Station, Cyberabad, registered for the offence punishable under Section 125(a) of the Bharatiya Nyaya Sanhitha, 2023 (for short 'the BNS').

Heard Mr.J.Suresh Babu, learned counsel for the petitioner and 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 offence and has been falsely implicated in the present crime. He further submitted that the offence alleged against the petitioner is 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 'the BNSS') and without following the guidelines formulated by the Hon'ble Supreme Court in Arnesh Kumar Vs. State of Bihar^{11.(2014) 8 SCC 273}, 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 in the complaint, the said allegations attract the offence under Section 125(a) of BNS. 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 and the petitioner is not entitled to seek quashment of the proceedings at the threshold. However, as the offence levelled against the petitioner is punishable with imprisonment of less than seven years, the Investigating Officer had already served notice under Section 35(3) of the BNSS to the petitioner on 09.10.2025. The petitioner is entitled to submit his reply to the said notice by putting forth his grievance, on the other hand, approached this Court and filed the present criminal petition.

During the course of hearing, learned Additional Public Prosecutor furnished Xerox copy of notice under Section 35(3) of BNSS to the learned counsel for the petitioner.

Learned counsel for the petitioner by way of reply submitted that the petitioner has not received any notice under Section 35(3) of BNSS, 2023.

Having considered the rival submissions made by the respective parties and upon perusal of the material available on record, it reveals that that the offence levelled against the petitioner are punishable with imprisonment of less than seven years. Even according to the learned Additional Public Prosecutor, the Investigating Officer had already issued notice under Section 35(3) of the BNSS to petitioner on 09.10.2025. However, the said submission disputed by learned counsel for the petitioner.

Taking into consideration of the above said facts, the petitioner is granted liberty to submit reply by raising all the pleas which are available to him pursuant to the notice under Section 35(3) of BNSS and shall cooperate with the investigation.

Accordingly, the Criminal Petition is disposed of. Miscellaneous applications, pending if any, shall stand closed.