Uday Kumar Appam vs The State Of Telangana
2026 Latest Caselaw 678 Tel

Citation : 2026 Latest Caselaw 678 Tel
Judgement Date : 13 April, 2026

[Cites 6, Cited by 0]

Telangana High Court

Uday Kumar Appam vs The State Of Telangana on 13 April, 2026

 IN THE HIGH COURT FOR THE STATE OF TELANGANA
                 AT HYDERABAD

     THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO

             CRIMINAL PETITION No.5427 of 2026

                          Date: 13.04.2026
Between:
Uday Kumar Appam and another
                                 ...Petitioners/Accused Nos.1 and 2

                                AND

The State of Telangana, Rep by its Public Prosecutor,
Through WPS West Zone (Hyderabad) Police Station,
High Court of Telangana State, Hyderabad and another.
                                                     ...Respondents

Order:

This Criminal Petition has been filed under Section 528 of

the Bharatiya Nagarik Suraksha Sanhita, 2023, (for short 'the

BNSS') by the petitioners/accused Nos.1 and 2 seeking to quash

the proceedings in F.I.R.No.43 of 2026 of WPS West Zone

(Hyderabad) Police Station, registered for the offences punishable

under Sections 85, 316(2) and 351 (2) of the Bharatiya Nyaya

Sanhitha, 2023 (for short 'the BNS') and Sections 3, 4 and 6 of the

Dowry Prohibition Act, 1961 (for short 'DP Act').

2. Heard Ms. Satya Gayathri, learned counsel representing

Mr. Rapolu Bhaskar, learned counsel for the petitioners, and ::2::

Mr. Jithender Rao Veeramalla, learned Additional Public

Prosecutor, appearing for respondent No.1.

3. Learned counsel for the petitioners submitted that the

petitioners have not committed any offences and they have been

falsely implicated in the present crime. Respondent No.2

voluntarily left the matrimonial home of petitioner/accused No.1

and filed the present complaint by making omnibus allegations

against the petitioners. Even according to the allegations made in

the complaint, the ingredients for the offences under Sections 85,

316(2) and 351 (2) of the BNS and Sections 3, 4 and 6 of the DP

Act are not attracted against the petitioners. The offences leveled

against the petitioners are punishable with imprisonment up to

seven years. However, the Investigating Officer, without following

the mandatory procedure prescribed under Section 35(3) of the

BNSS, the guidelines issued by the Apex Court in Arnesh Kumar

Vs. State of Bihar1, the principles laid down by the Hon'ble Apex

Court in Md. Asfak Alam v. The State of Jharkhand & another

(Crl.A.No.2207 of 2023) dated 31.07.2023, and also the circular

issued by this Court in ROC.No.1399/SO/2023 dated 09.08.2023,

is proceeding with the investigation, which is contrary to law.

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

Hence, the continuation of proceedings against the petitioners is a

clear abuse of process of law.

4. Per contra, the learned Additional Public Prosecutor, basing

upon the written instructions dated 10.04.2026 furnished by the

Sub-Inspector of Police, WPS Jubilee Hills Zone, Hyderabad,

submitted that the Investigating Officer issued notice under

Section 35(3) of the BNSS to petitioners/accused Nos.1 and 2 on

01.04.2026 and they are entitled to submit their reply to the said

notice by raising pleas available to them. Petitioners/accused

Nos.1 and 2, without submitting their reply to the said notice, have

straight away approached this Court and filed the present Criminal

Petition. Moreover, there are specific allegations leveled against the

petitioners. Whether the petitioners have committed the offence or

not, has to be revealed during the course of investigation,

especially when the investigation is under progress.

5. Having considered the rival submissions made by the

respective parties and upon perusal of the material available on

record, it reveals that the offences leveled against

petitioners/accused Nos.1 and 2 are punishable with

imprisonment of less than seven years. Even according to the

learned Additional Public Prosecutor, the Investigating Officer has

already issued notice under Section 35(3) of the BNSS to ::4::

petitioners/accused Nos.1 and 2 on 01.04.2026. In view of the

same, petitioners/accused Nos.1 and 2 are entitled to submit their

reply by raising all the pleas which are available to them and they

are also entitled to submit the documents, which are in their

custody. The Investigating Officer is further directed to

scrupulously follow the procedure as contemplated under the

provisions of the BNSS and the guidelines laid down by the Hon'ble

Apex Court in Arnesh Kumar supra and conclude the

investigation.

6. Subject to the above directions, the Criminal Petition is

disposed of.

Miscellaneous applications, pending if any, shall stand

closed.

___________________ J.SREENIVAS RAO, J Date: 13.04.2026

Note: