Citation : 2026 Latest Caselaw 612 Tel
Judgement Date : 10 April, 2026
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO
CRIMINAL PETITION No.5297 of 2026
Date: 10.04.2026
Between:
Kammeta Yadi Reddy and another.
...Petitioners/Accused Nos.1 and 2
AND
The State of Telangana and another
...Respondents
ORDER
This Criminal Petition is filed seeking to quash the proceedings in
F.I.R. No.167 of 2026 of Moinabad Police Station, Future City
Commissionerate, wherein the petitioners were arrayed as accused Nos.1
and 2, for the offences punishable under Sections 118(1) and 351(2) read
with 3(5) of the Bharatiya Nyaya Sanhitha, 2023 (for short 'BNS').
2. No representation on behalf of the petitioners in the morning session
and passed over round.
3. Heard Sri Jithender Rao Veeramalla, learned counsel for respondent
No.1.
4. The learned Additional Public Prosecutor submitted that the offences
levelled against the petitioners are punishable with imprisonment below
seven years and the Investigating Officer wants to follow the due procedure
as contemplated under Section 35(3) of the BNSS, as well as the guidelines
formulated by the Hon'ble Apex Court in Arnesh Kumar Vs. State of
Bihar 1.
5. Taking into consideration the submissions made by the learned
Additional Public Prosecutor, the Investigating Officer is directed to follow
the procedure as contemplated under Section 35(3) 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 petitioners are entitled to put
forth their grievances to the Investigating Officer, as soon as they received
notice under Section 35(3) of the BNSS, by raising all the pleas available
for them and they are also entitled to submit the documents, which are in
their possession, to the Investigating Officer.
6. Accordingly, the criminal petition is disposed of.
Pending miscellaneous applications, if any, shall stand closed.
____________________________ JUSTICE J. SREENIVAS RAO 10.04.2026 Note: Issue C.C. in three days B/o.
pgp
1(2014) 8 SCC 273
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