Kaladhar Rao Potlapally vs Mandali Venkataiah
2026 Latest Caselaw 198 Tel

Telangana High Court

Kaladhar Rao Potlapally vs Mandali Venkataiah on 31 March, 2026

IN THE HIGH COURT FOR THE STATE OF TELANGANA
                AT HYDERABAD

     THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO
           CRIMINAL PETITION No.4581 of 2026
                         Date: 31.03.2026

Between:
Kaladhar Rao Potlapally and two others
                                                        ...Petitioners
                                AND

Mandali Venkataiah and another
                                                       ...respondents

                             ORDER

This Criminal Petition is filed seeking to quash the

proceedings in F.I.R.No.56 of 2026 of Raghnathapalli Police

Station, Warangal District, wherein, the petitioners were arrayed as

accused Nos.1 to 3, for the offences punishable under sections

329(3), 324(2), 118(1), 351(2) r/w 3(5) of the Bharatiya Nyaya

Sanhitha, 2023 (for short 'BNS').

2. Heard Mr.G.Madhusudhan Reddy, learned counsel for the

petitioners and Mr.V.Jithendar Rao, learned Additional Public

Prosecutor for respondent No.2.

3. With the consent of both the parties, the criminal petition is

disposed of at the stage of admission.

4. Learned counsel for the petitioners submits that the

petitioners have not committed the alleged offence and have been

falsely implicated in the present case. He further submitted that the

allegations levelled against the petitioners are purely civil in

nature, pertaining to agricultural land. Petitioner No.1 filed

O.S.No.881 of 2025 on the file of the Senior Civil Judge at

Jangaon against respondent No.1 and three others, seeking grant of

perpetual injunction restraining the defendants therein from

interfering with the suit schedule property. In the said suit, the

learned trial Court granted an ad-interim injunction in I.A.No.433

of 2025 on 03.07.2025, and the said order is in force till date.

Respondent No.1 has filed the present complaint by giving a

criminal colour to settle the civil disputes pending before the

competent Civil Court. He further submitted that the offences

alleged 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') and

without following the guidelines formulated by the Hon'ble

Supreme Court in Arnesh Kumar Vs. State of Bihar 1, is

proceeding further in the matter and the same is contrary to law.

5. Per contra, learned Additional Public Prosecutor submitted

that specific allegations have been levelled against the petitioners

to attract the offences under Sections 329(3), 324(2), 118(1),

351(2) r/w 3(5) of the BNS. LW1 to LW4 have already been

examined, and the investigation is under progress. He further

submitted that the Investigating Officer had issued notices under

Section 35(3) of the BNSS to accused Nos.7 and 8 on 20.03.2026,

and he will follow the same procedure in respect of the petitioners.

6. Having considered the rival submissions made by the

respective parties and after perusal of the material available on

record, it reveals that the offences levelled against the petitioners

are punishable with imprisonment of less than seven years. Even

according to the written instructions placed by the learned

Additional Public Prosecutor, dated 25.03.2026, it reveals that the

Investigating Officer had already issued notice under Section 35(3)

of the BNSS to accused Nos.7 and 8 on 20.03.2026.

7. In view of the above, the Investigating officer is directed to

issue notice under Section 35(3) of BNSS to the petitioners and the

(2014) 8 SCC 273

petitioners are entitled to submit a reply/explanation to the said

notice by raising all the pleas, including the grounds urged in the

present criminal petition, along with the documents in their

possession, before the Investigating Officer. The Investigating

Officer is entitled to follow the procedure contemplated under

Section 35(3) of the BNSS and follow the guidelines issued by the

Apex Court in Arnesh Kumar (supra).

8. Accordingly, the Criminal Petition is disposed of.

Pending miscellaneous applications, if any, shall stand

closed.

____________________________ JUSTICE J. SREENIVAS RAO 31.03.2026 Note : Issue C.C. in three days

b/o sa