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Telangana High Court
Venkata Hanumantharao Daggu 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.4412 of 2026
Date: 26.03.2026
Between:
Venkata Hanumantharao Daggu and another
...Petitioners/accused Nos.1 and 2
AND
The State of Telangana, through S.H.O., P.S. Subedari,
represented by Public Prosecutor, High Court for the State of Telangana,
High Court Buildings, Hyderabad and another
...Respondents
ORDER
This Criminal Petition has been filed seeking to quash the
proceedings in Crime No.28 of 2026 of P.S. Subedari, Warangal
District, wherein the petitioners were arrayed as accused Nos.1 and 2 for
the offences punishable under Sections 329(4), 324(5) read with 3(5) of
the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS').
2. Heard Ms. N. Geetha, learned counsel representing Mr.
Nageshwar Rao Pujari, learned counsel for the petitioners and
Mr. Jithendar Rao Veeramalla, learned Additional Public Prosecutor for
respondent No.1.
3. Learned counsel for the petitioners submitted that the petitioners
have not committed the alleged offences and that they have been falsely
implicated in the present case. The allegations levelled against the
petitioners are purely civil in nature. Even according to the allegations
made in the complaint, the ingredients of the offences under Sections
329(4), 324(5) read with 3(5) of BNS are not attracted against the
petitioners. She further submitted that the offences levelled against the
petitioners are punishable with imprisonment 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 Bihar 1, is
proceeding with the matter, which is contrary to law. Hence, the
continuation of the proceedings against the petitioners is a clear abuse of
process of law.
4. Per contra, the learned Additional Public Prosecutor submitted
that the petitioners have already approached this Court and filed
Criminal Petition No.1519 of 2026, seeking quashing of the very same
proceedings in Crime No.28 of 2026 of P.S. Subedari, Warangal District
and the same was disposed of by this Court on 09.02.2026 directing the
(2014) 8 SCC 273
Investigating Officer to follow the procedure 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.
Thus, the present Criminal Petition is not maintainable for quashing the
very same proceedings against the petitioners.
5. Learned Additional Public Prosecutor, basing upon the written
instructions dated 25.03.2026 furnished by the Sub-Inspector of Police,
Subedari Police Station, Warangal District, submits that the
Investigating Officer after concluding the investigation filed final report
before the III Additional Judicial First Class Magistrate, Hanumakonda
on 23.03.2026, and the C.C. number is awaited.
6. Taking into consideration the submissions made by the learned
Additional Public Prosecutor, without expressing any view about the
maintainability of the present Criminal Petition, the III Additional
Judicial First Class Magistrate, Hanumakonda, is directed to take
appropriate steps pursuant to the final report submitted by the
Investigating Officer. In the event the learned Magistrate takes
cognizance against the petitioners in Crime No.28 of 2026, the
petitioners are granted liberty to avail the remedies as available under
law by raising all the grounds which are pleaded in the present Criminal
Petition.
7. Accordingly, the Criminal Petition is disposed of.
Pending miscellaneous applications, if any, shall stand closed.
____________________________
JUSTICE J. SREENIVAS RAO
26.03.2026
ggd
