Sri Palamakula Narasaiah vs The State Of Telangana
2026 Latest Caselaw 317 Tel

Telangana High Court

Sri Palamakula Narasaiah vs The State Of Telangana on 2 April, 2026

 IN THE HIGH COURT FOR THE STATE OF TELANGANA
                 AT HYDERABAD

     THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO
               CRIMINAL PETITION No.4846 of 2026

                          Date: 02.04.2026
Between:
Sai Palamakula Narsaiah

                                                         ...Petitioner
                                 AND
The State of Telangana,
Rep. by its State Public Prosecutor,
High Court for the State of Telangana, Lingala
Ganpur, Jangaon District and another.
                                                      ...Respondents
                             ORDER

This Criminal Petition has been filed seeking to quash the

proceedings in F.I.R.No.45 of 2026 of Lingala Ghanpur Police

Station, Jangaon District, wherein the petitioner was arrayed as the

sole accused for the offences punishable under Sections 329(4),

324(5) of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS').

2. Heard Mr.P.Ramachandran, learned counsel for the

petitioner and Mr.Jithender Rao Veeramalla, learned Additional

Public Prosecutor for respondent No.1.

3. Learned counsel for the petitioner submitted that the

petitioner has not committed the alleged offences and has been

falsely implicated in the present case. He further submitted that the

allegations levelled against the petitioner are purely civil in nature.

Respondent No.2 ought to have approached the competent Civil

Court. Even according to the allegations made in the complaint, the

ingredients of the offences under Sections 329(4), 324(5) of the

BNS are not attracted against the petitioner. 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.

4. Per contra, learned Additional Public Prosecutor, basing

upon the written instructions furnished by the Sub-Inspector of

Police, Lingala Ghanpur Police Station, Jangoan, dated 31.03.2026,

submitted that when the Investigating Officer tried to serve notice

under Section 35(3) of the BNSS, the petitioner did not come forward

to the Police Station to receive the said notice and did not cooperate

with the Investigating Officer. Hence, the petitioner is not entitled for

any relief as sought in the criminal petition.

(2014) 8 SCC 273

5. By way of reply, learned counsel for the petitioner submitted

that the petitioner will receive notice from the Investigating Officer,

cooperate with the investigation, and submit his reply/explanation

along with relevant documents. He further submitted that the

Investigating Officer may be directed to follow the due procedure as

contemplated under the provisions of the BNSS.

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 Prosecutor, the

Investigating Officer intends to follow the procedure prescribed

under the provisions of the BNSS.

7. Taking into consideration the above said submissions, the

petitioner/accused is directed to appear before the Investigating

Officer, on or before 18.04.2026, and on such appearance, the

Investigating Officer is entitled to issue notice under Section 35(3)

of the BNSS and follow the guidelines issued by the Apex Court in

Arnesh Kumar supra. The petitioner is entitled to submit

reply/explanation along with the documents, which are available

with him to the Investigating Officer. The Investigating Officer is

entitled to strictly 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).

8. Accordingly, the Criminal Petition is disposed of.

Miscellaneous applications, pending if any, shall stand

closed.

____________________________ JUSTICE J. SREENIVAS RAO 02.04.2026 Note: Issue CC in four(4) days B/o.Mnv/nsp

THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO

CRIMINAL PETITION No.4846 of 2026

Date: 02.04.2026

mnv