Telangana High Court
Kaladhar Rao Potlapally vs Mandali Venkataiah on 31 March, 2026
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO
CRIMINAL PETITION No.4581 of 2026
Date: 31.03.2026
Between:
Kaladhar Rao Potlapally and two others
...Petitioners
AND
Mandali Venkataiah and another
...respondents
ORDER
This Criminal Petition is filed seeking to quash the proceedings in F.I.R.No.56 of 2026 of Raghnathapalli Police Station, Warangal District, wherein, the petitioners were arrayed as accused Nos.1 to 3, for the offences punishable under sections 329(3), 324(2), 118(1), 351(2) r/w 3(5) of the Bharatiya Nyaya Sanhitha, 2023 (for short 'BNS').
2. Heard Mr.G.Madhusudhan Reddy, learned counsel for the petitioners and Mr.V.Jithendar Rao, learned Additional Public Prosecutor for respondent No.2.
3. With the consent of both the parties, the criminal petition is disposed of at the stage of admission.
2
4. Learned counsel for the petitioners submits that the petitioners have not committed the alleged offence and have been falsely implicated in the present case. He further submitted that the allegations levelled against the petitioners are purely civil in nature, pertaining to agricultural land. Petitioner No.1 filed O.S.No.881 of 2025 on the file of the Senior Civil Judge at Jangaon against respondent No.1 and three others, seeking grant of perpetual injunction restraining the defendants therein from interfering with the suit schedule property. In the said suit, the learned trial Court granted an ad-interim injunction in I.A.No.433 of 2025 on 03.07.2025, and the said order is in force till date. Respondent No.1 has filed the present complaint by giving a criminal colour to settle the civil disputes pending before the competent Civil Court. He further submitted that the offences alleged against the petitioners 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 3 Supreme Court in Arnesh Kumar Vs. State of Bihar 1, is proceeding further in the matter and the same is contrary to law.
5. Per contra, learned Additional Public Prosecutor submitted that specific allegations have been levelled against the petitioners to attract the offences under Sections 329(3), 324(2), 118(1), 351(2) r/w 3(5) of the BNS. LW1 to LW4 have already been examined, and the investigation is under progress. He further submitted that the Investigating Officer had issued notices under Section 35(3) of the BNSS to accused Nos.7 and 8 on 20.03.2026, and he will follow the same procedure in respect of the petitioners.
6. Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that the offences levelled against the petitioners are punishable with imprisonment of less than seven years. Even according to the written instructions placed by the learned Additional Public Prosecutor, dated 25.03.2026, it reveals that the Investigating Officer had already issued notice under Section 35(3) of the BNSS to accused Nos.7 and 8 on 20.03.2026.
7. In view of the above, the Investigating officer is directed to issue notice under Section 35(3) of BNSS to the petitioners and the 1 (2014) 8 SCC 273 4 petitioners are entitled to submit a reply/explanation to the said notice by raising all the pleas, including the grounds urged in the present criminal petition, along with the documents in their possession, before the Investigating Officer. The Investigating Officer is entitled to follow the procedure contemplated under Section 35(3) of the BNSS and follow the guidelines issued by the Apex Court in Arnesh Kumar (supra).
8. Accordingly, the Criminal Petition is disposed of.
Pending miscellaneous applications, if any, shall stand closed.
____________________________ JUSTICE J. SREENIVAS RAO 31.03.2026 Note : Issue C.C. in three days b/o sa