Dara Bhasker vs The State Of Telangana
2026 Latest Caselaw 116 Tel

Telangana High Court

Dara Bhasker vs The State Of Telangana on 26 March, 2026

 IN THE HIGH COURT FOR THE STATE OF TELANGANA
                 AT HYDERABAD

     THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO

             CRIMINAL PETITION No.4401 of 2026

                          Date: 26.03.2026
Between:

Dara Bhaskar
                                                           ...Petitioner
                                AND
The State of Telangana,
Rep. by the Public Prosecutor,
High Court, at Hyderabad and another
                                                        ...Respondents

                              ORDER

This Criminal Petition is filed seeking to quash the proceedings

in FIR No.146 of 2026 of Jadcherla Town Police Station,

Mahabubnagar District, wherein the petitioner was arrayed as

accused, for the offences punishable under Sections 118(1), 351(2)

and 352 of the Bharatiya Nyaya Sanhita, 2023, (for short 'BNS').

2. Heard Mr.G.Bandaiah, learned counsel for the petitioner and

Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor,

appearing for the respondent No.1 - State.

3. Learned counsel for the petitioner submitted that the petitioner

has not committed any offences and has been falsely implicated in

the present crime only on the ground that the petitioner lodged a

complaint against the MLA and his brother regarding their illegal

activities, and, taking a grudge against the petitioner, respondent

No.2 has filed the present complaint. He further submitted that the

offences alleged 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 Arnesh Kumar v. State of Bihar1, is proceeding with

the matter, which is contrary to law.

4. Per contra, learned Additional Public Prosecutor submitted

that the Investigating Officer is ready and willing to follow the due

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).

5. Having considered the submissions made by both 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

(2014) 8 SCC 273

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).

6. In view of the same, the Investigating Officer is directed to

follow the procedure as contemplated under the provisions 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

petitioner is entitled to submit reply/explanation along with the

documents, which are available with him to the Investigating Officer

and he shall cooperate with the investigation.

7. Accordingly, the Criminal Petition is disposed of.

Pending miscellaneous applications, if any, shall stand closed.

____________________________ JUSTICE J. SREENIVAS RAO

26.03.2026

Note: C.C. in a week b/o.

vsl