Partugari Rakesh Babu @ Parthugari Rakesh Babu v. Judicature of Telangana, Hyderabad

1 . The State of Telangana, rep., by its Public Prosecutor, High Court of AND Judicature of Telangana, Hyderabad.

2. Parthugari Rajeshwari, Wo Parthugari Rakesh Babu Aged about. 27 years, Occ. Housewife, R/o H.No. 11-21-836, Banjara Colony, Saroornagar, Ranga Reddy District ...RESPONDENTS Petition under Section 528 of B.N.S.S. praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for records in Crime No. 84 of 2026 on the file of P.S Saroornagar WPS (Malkajgiri), Malkajgiri District registered for the Offence under Section 85 of BNS and quash the same. l.A. NO: 2OF 2026 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings in Crime No. 84 of 2026 on the file of P.S Saroornagar WPS (Malkajgiri), Malkajgiri District registered for the Offence under Section 85 of BNS, including the appearance of the petitioners. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Sanjeev Gillela, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 . The Court made the following: ORDER 7 IN THE HIGTI COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE J.SREENTVAS RAO CRIMINAL PETITION No.7456 of 2026 Date: 05.05.2026 Be tween: Partugari Rakesh BabS'@ Parthugari Rakesh Babu and two others The State of Telangana and another AND PetitioneE Re spondents :ORDER: This Criminal Petition has been fi1ed seeking to quash the proceedings in Crime No.84 of 2026 of Saroornagar Police Station, WPS (Malkajgiri), Maikajgiri District, wherein the petitioners were arrayed as accused Nos. 1 to 3, registered for the oflences punishable under Section 85 of the Bharatiya Nyaya Sanhitha, 2023 (for short 'BNS').

2. Heard Mr. Sanjeev Gilletla, learned counsel for the petitioners and Mr. Jithender Rao Veeramalla, Iearned Additional Public Prosecutor, appearing for respondent No. 1. With their consent, the criminal petition is disposed of at the stage of admission. .-- -- __--- 1 )

3. Learned counsel for the pctitioners submitted that the petitioners have not committed any offences and they were falsely implicated in the present crime. Rcspondent No.2 implicated the petitioners as accused by making omnibus allegations only on the ground that petitioner Nos. I to 3 are husbarid and in-laws. He further submitted that the allegations levelled against the accused are not attracted. He further submitted that the petitioners never harassed respondent No.2 for dowry. He further submitted that the offence levelled against the petitioners is punishable with imprisonment of less than seven ycars. However, the lnvesfugating Ofhcer, without following the mandatory procedure prescribed under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'BNSSJ and the guidelines issued by the Apex Court in Arnesh Kumar Vs. State of Biharl, is proceeding with the investigation and the same is conlrary to [aw.

4. Learned Additional Public Prosecutor submit[ed that there are specific allegations levelled against the petitioners to attract the offence levelled against them. He further submitted that when the Investigating Officer wants follow the due procedure as contemplated under Section 35(3) of the BNSS and the guidelines issued by the Hon'ble Apex Court in Arnesh Kumar (supral, the r (2014) 8 SCC 273 -4=- 3 petitioners are absconding and they are not cooperating with the investigating officer.

5. Learned counsel for the petitioners by way of reply submitted that petitioners/accused Nos. I to 3 will co-operate with the investigation and they will appear before the investigating ofhcer. On such appearance, the petitioners may be permitted to submit his reply to the notice under Section 35(3) of the BNSS.

6. Having considered the rival submissions made by the respective parties and upon perusal of the material available on record, it reveals that the petitioner Nos.l to 3 are husband and in- laws of respondent No.2" The offence levelled against pe titioners/ accused Nos.1 to 3 is punishable with imprisonment of less than seven years and the Investigating Ofhcer will follow the due proccdure as contemplated under Section 35(3) of the BNSS and the guidelines issued by the Hon'lcle Apex Court in Arnesh Kumar (supral In view of the same, petitioners are directed to appear before the Investigating Ofhcer on or before 19.O5.2026 and on such appearance, the Investigating Officer is directed to scrupulously follow rhe procedure as 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. It is needless to mention that the petitioners are entitled to submit his reply to the notice. -,-=" I 4

7. With the above directions, the Criminal Petition is disposed of. Miscellaneous applications, pending if any, shall stand closed. //TRUE COPY// SD/.AVSPRASAD DEPUW REGISTRAR 6 SECTION OFFICER To,

1. The lll Additional Junior civil Judge-cum-lll Additional Judicial Magistrate of First Class, Ranga Reddy District at L.B.Nagar

2. The station House Officer. saroornagar wPS (Malkajgiri), Malakajgiri District 3. One CC to Sri Sanjeev Reddy Gillella ,Advocate (OPUC) 4. Two CCs to Public Prosecutor, High Court of Telangana (OUT) 5. Two CD Copies Ks/GNK w 1\\ 6 >IAI E oF q ) o() ?- .b .l * 15 ttrr\ I oespffi HIGH COURT DATED: 0510512026 ORDER CRLP.No.7456 ot 2O26 Disposing of the Crl.P. % co{"h &r.