Chowla Gopi Govardhan @ C Govedhan vs The State Of Telangana
2026 Latest Caselaw 610 Tel

Telangana High Court

Chowla Gopi Govardhan @ C Govedhan vs The State Of Telangana on 10 April, 2026

 IN THE HIGH COURT FOR THE STATE OF TELANGANA
                 AT HYDERABAD

      THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO

             CRIMINAL PETITION No.5403 of 2026

                          Date: 10.04.2026

Between:
Chowla Gopi Govardhan @ C Govedhan
                                                          ...Petitioner
                                AND

The State of Telangana, and another.
                                                      ...Respondents

Order:

This Criminal Petition has been filed seeking to quash the

proceedings in Crime No.624 of 2026 of Vanasthalipuram Police

Station, Malkajgiri Commissionerate, wherein the petitioner was

arrayed as accused No.1, registered for the offences punishable

under Sections 126(2), 115(2) and 352 r/w Section 3(5) of the

Bharatiya Nyaya Sanhitha, 2023 (for short 'BNS').

2. Heard Mr. N.Srikanth Reddy, learned counsel, representing

Mr. V.Ram Mohan Reddy, 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.

::2::

3. Learned counsel for the petitioner submitted that the

petitioner has not committed any offence and he was falsely

implicated in the present crime. Even according to the allegations

made in the complaint, the ingredients of the offences under

Sections 126(2), 115(2) and 352 r/w Section 3(5) of the BNS are

not attracted against the petitioner. The petitioner was not present

at the alleged scene of offence. However, respondent No.2 with an

oblique motive implicated the petitioner as accused No.1 by making

false allegations. The offences levelled against the petitioner are

punishable with imprisonment of less than seven years. However,

the Investigating Officer, without following the mandatory

procedure prescribed under Section 35(3) of the Bharatiya Nagarik

Suraksha Sanhita, 2023 (for short, 'BNSS') and the guidelines

issued by the Apex Court in Arnesh Kumar Vs. State of Bihar 1, is

proceeding with the investigation and the same is contrary to law.

4. Learned Additional Public Prosecutor submitted that there

are specific allegations levelled against the petitioner to attract the

offences levelled against him and the Investigating Officer will

follow the due procedure as contemplated under Section 35(3) of

the BNSS and the guidelines issued by the Hon'ble Apex Court in

Arnesh Kumar (supra), however, the petitioner is not coming

1(2014) 8 SCC 273 ::3::

forward to receive the notice and requested this Court to direct the

petitioner to cooperate with the investigation.

5. Learned counsel for the petitioner by way of reply submitted

that the petitioner will appear before the Investigating Officer on or

before 21.04.2026. On such appearance, the petitioner may be

permitted to submit his reply to the notice under Section 35(3) 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

petitioner/accused No.1 are punishable with imprisonment of less

than seven years. Even according to the learned Additional Public

Prosecutor, the Investigating Officer will follow the due procedure

as contemplated under Section 35(3) of the BNSS and the

guidelines issued by the Hon'ble Apex Court in Arnesh Kumar

(supra). In view of the same, petitioner is directed to appear before

the Investigating Officer on or before 21.04.2026 and on such

appearance, the Investigating Officer is directed to scrupulously

follow the procedure as contemplated under Section 35(3) of the

BNSS and the guidelines issued by the Hon'ble Apex Court in

Arnesh Kumar (supra) and conclude the investigation. It is

needless to mention that the petitioner is entitled to submit his

reply to the notice.

::4::

7. With the above directions, the Criminal Petition is disposed

of.

Miscellaneous applications, pending if any, shall stand

closed.

___________________ J.SREENIVAS RAO, J Date: 10.04.2026

Note: Issue CC in three days.

b/o pgp