Telangana High Court
Dara Bhasker vs The State Of Telangana on 26 March, 2026
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO
CRIMINAL PETITION No.4401 of 2026
Date: 26.03.2026
Between:
Dara Bhaskar
...Petitioner
AND
The State of Telangana,
Rep. by the Public Prosecutor,
High Court, at Hyderabad and another
...Respondents
ORDER
This Criminal Petition is filed seeking to quash the proceedings in FIR No.146 of 2026 of Jadcherla Town Police Station, Mahabubnagar District, wherein the petitioner was arrayed as accused, for the offences punishable under Sections 118(1), 351(2) and 352 of the Bharatiya Nyaya Sanhita, 2023, (for short 'BNS').
2. Heard Mr.G.Bandaiah, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, appearing for the respondent No.1 - State.
3. Learned counsel for the petitioner submitted that the petitioner has not committed any offences and has been falsely implicated in the present crime only on the ground that the petitioner lodged a 2 complaint against the MLA and his brother regarding their illegal activities, and, taking a grudge against the petitioner, respondent No.2 has filed the present complaint. He further submitted that the offences alleged against the petitioner are punishable with imprisonment for a term 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"), as well as the guidelines formulated by the Hon'ble Apex Court in Arnesh Kumar v. State of Bihar1, is proceeding with the matter, which is contrary to law.
4. Per contra, learned Additional Public Prosecutor submitted that the Investigating Officer is ready and willing to follow the due procedure contemplated under Section 35(3) of the BNSS, as well as the guidelines formulated by the Hon'ble Apex Court in Arnesh Kumar (supra).
5. Having considered the submissions made by both 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 intends to 1 (2014) 8 SCC 273 3 follow the procedure contemplated under Section 35(3) of the BNSS, as well as the guidelines formulated by the Hon'ble Apex Court in Arnesh Kumar (supra).
6. In view of the same, the Investigating Officer is directed to follow the procedure as contemplated under the provisions of the BNSS, as well as the guidelines formulated by the Hon'ble Apex Court in Arnesh Kumar (supra). It is needless to mention that the petitioner is entitled to submit reply/explanation along with the documents, which are available with him to the Investigating Officer and he shall cooperate with the investigation.
7. Accordingly, the Criminal Petition is disposed of.
Pending miscellaneous applications, if any, shall stand closed.
____________________________ JUSTICE J. SREENIVAS RAO 26.03.2026 Note: C.C. in a week b/o.
vsl