Mangalisai Kiran vs. State Of Telangana

Facts

The petitioner, Mangali Sai Kiran, filed a criminal petition seeking to quash proceedings in Crime No. 1758 of 2025, registered at Gachibowli Police Station, Cyberabad. The FIR was filed under Sections 115(2), 78, and 79 of the Bharatiya Nyaya Sanhita, 2023 (BNS). The petitioner argued that the alleged offences carry a punishment of imprisonment for less than 7 years. He specifically requested a direction for the police to follow the procedure under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The respondent-State, through the Assistant Public Prosecutor, submitted that a notice under Section 35(3) of BNSS had already been issued to the petitioner, but no response was received.

Held

The Court held that the offences alleged against the petitioner under Sections 115(2), 78, and 79 of the BNS are punishable with imprisonment for less than 7 years. Considering the facts and circumstances of the case and the submission of the learned counsel for the petitioner, the Court deemed it appropriate not to quash the proceedings entirely but to issue specific directions. The Court directed the petitioner to appear before the Investigating Officer on or before 02.09.2025 between 11:00 a.m. and 5:00 p.m. The Investigating Officer was directed to scrupulously follow the procedure laid down under Section 35(3) of the BNSS and the guidelines formulated by the Hon'ble Apex Court in Arnesh Kumar v. State of Bihar. The petitioner was also directed to cooperate with the investigation and furnish required information and documents. The criminal petition was disposed of with these directions.

Key Issues

1. Whether the proceedings initiated under Sections 115(2), 78, and 79 of the Bharatiya Nyaya Sanhita, 2023 (BNS) are liable to be quashed, considering the punishment prescribed for the alleged offences is less than 7 years imprisonment? 2. Whether the Investigating Officer has followed, or should be directed to follow, the procedure contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) in the investigation of the said crime? Petitioner's Contention: The petitioner argued that the punishment for the offences alleged against him is imprisonment for less than 7 years. He limited his arguments to seeking a direction for the police to adhere to the procedure outlined in Section 35(3) of the BNSS. The petitioner relied on the principles laid down by the Apex Court in Arnesh Kumar v. State of Bihar. Revenue/State's Contention: The respondent-State submitted that a notice under Section 35(3) of the BNSS had already been issued to the petitioner, but he failed to respond. They prayed for appropriate orders.