IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO CRIMINAL PETITION No.3337 of 2026 Date: 09.03.2026 Between:

Luna Maloji ...Petitioner/Accused AND The State of Telangana, represented by Public Prosecutor, High Court for the State of Telangana, Hyderabad, Through Chanda Nagar PS 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 petitioner/accused seeking to quash the proceedings in F.I.R.No.1395 of 2025 of Chandanagar Police Station, Cyberabad Commissionerate, Ranga Reddy District, registered for the offences punishable under Section 318(4) of the Bharatiya Nyaya Sanhitha, 2023 (for short ‘the BNS’).

2. Heard Mr. G. Santosh Pawan, learned counsel for the petitioner, and Mr. Jithender Rao Veeramalla, learned Additional Public Prosecutor, appearing for respondent No.1.

3. Learned counsel for the petitioner submitted that the petitioner has not committed any offence and he has been falsely implicated in the present crime. The allegations leveled against the petitioner are purely civil in nature. Even according to the allegations made in the complaint, the ingredients of the offence under Section 318(4) of BNS are not attracted against the petitioner. Hence, the continuation of proceedings against the petitioner is a clear abuse of process of law. The offence leveled against the petitioner is 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 Bihar, 1(2014) 8 SCC 273, 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.

4. Per contra, the learned Additional Public Prosecutor, basing upon the written instructions dated 06.03.2026 furnished by the Sub-Inspector of Police, Chandanagar Police Station, Cyberabad Commissionerate, submitted that the witnesses, LW Nos.1 and 2

are examined and that the Investigating Officer is trying to serve the notice under Section 35(3) of BNSS to the accused, but the accused is not coming forward to the Police Station to receive the same. He further submitted that the Investigating Officer will follow the procedure prescribed under Section 35(3) of the BNSS and the guidelines issued by the Hon’ble Apex Court in Arnesh Kumar (supra) and requested this Court to direct the petitioner to cooperate with the investigation.

5. Having considered the rival submissions made by the respective parties and upon perusal of the material available on record, it reveals that the offence levelled against the petitioner is punishable with imprisonment up to seven years. In view of the same, the Investigating Officer is directed to scrupulously follow the procedure contemplated under the provisions of the BNSS and the guidelines and principles issued by the Hon’ble Apex Court in Arnesh Kumar (supra) and Md. Asfak Alam (supra), and conclude the investigation. The petitioner is directed to cooperate with the police. It is needless to state that the petitioner is entitled to submit his reply/statement as soon as he receives the notice from the Investigating officer, by raising all the pleas which are available to him, by enclosing the documents.

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

Miscellaneous applications, pending if any, shall stand closed.

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J.SREENIVAS RAO, J Date: 09.03.2026 ggd