Sri Pallapu Laxmi Narayana vs The State Of Telangana
2026 Latest Caselaw 613 Tel

Telangana High Court

Sri Pallapu Laxmi Narayana 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.5334 of 2026

                         Date: 10.04.2026


Between:

Sri Pallapu Laxmi Narayana
                                                        ...Petitioner
                                AND

The State of Telangana and another
                                                   ...Respondents

                             ORDER

This Criminal Petition has been filed seeking to quash the

proceedings in FIR No.152 of 2026 of Neredmet Police Station,

Rachakonda, wherein the petitioner was arrayed as accused, for the

offences punishable under Sections 406 and 420 of the Indian

Penal Code, 1860 (for short 'IPC').

2. Heard Mr.J.Susheel Kumar, learned counsel for the

petitioner and Mr.Jithender Rao Veeramalla, learned Additional

Public Prosecutor, appearing for the respondent No.1.

3. With the consent of both the learned counsel, the criminal

petition is disposed of at the admission stage.

4. 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,

relating to monetary transactions concerning centring items.

Respondent No.2, without approaching the competent civil court,

has filed the present criminal petition by giving a criminal colour.

Even according to the allegations made in the complaint, the

ingredients of Sections 406 and 420 of the IPC are not attracted

against the petitioner and the said offences cannot go together, in

view of the principle laid down by the Hon'ble Apex Court in

Delhi Race Club (1940) Ltd. & Ors vs. State of Uttar Pradesh &

Anr1. Hence, continuation of proceedings against the petitioner is a

clear abuse of process of law.

5. He further submitted that the offences levelled 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

2024 INSC 626

Arnesh Kumar v. State of Bihar 2, is proceeding with the matter,

which is contrary to law.

6. Per contra, the learned Additional Public Prosecutor

submitted that there are specific allegations against the petitioner

to attract the aforesaid offences. However the offences levelled

against the petitioner are punishable with imprisonment of less

than seven years. 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.

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

that the petitioners will appear before the Investigating Officer on

or before 22.04.2026, 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.

(2014) 8 SCC 273

8. 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.

9. Taking into consideration the above said submissions, the

petitioner/accused is directed to appear before the Investigating

Officer, on or before 22.04.2026, 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 and shall cooperate with the

investigation. 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).

10. Accordingly, the Criminal Petition is disposed of.

Pending miscellaneous applications, if any, shall stand

closed.

____________________________ JUSTICE J. SREENIVAS RAO 10.04.2026

Note: Issue CC in three days b/o vsl