CRLP/16589/2026 of Mohammed Zubair Vs The State of Telangana on 8 October 2026

ORDER

This Criminal Petition has been filed by the petitionersiaccused Nos.l and 2 seeking to quash the proceedings in FIR No.3 10 of 2026 of Asifnagar Police Station, Hyderabad, registered for the offences punishable under Sections 272 and 275 of the Bharatiya Nyaya Sanhita, 2023 (.for short, "BNS"), Section 20(2) ofthe Cigarettes and Other Tobacco Products Act, 2003 (for short, "COTPA"), and Section 3 read with Section 14 of the Child and Adolescent Labour (Prohibition and Regulation) Ac! 1986 (for short "C&AL Act").

2. Heard Mr.I(haja Azharuddin' learned counsel for the petitioners and Mr.Jithender Rao Veeramalla' learned Additional Public Prosecutor for respondents'

With their consent, the criminal petition is disposed of at the stage of admission.

4. Leamed counsel for the petitioners submitted that the petitioners have not committed the alleged offences and have been fatsely implicated in the present crime on the basis of omnibus allegations. Even according to the allegations made in the complaint, the ingredients of Sections 272 arrd 275 of the BNS' Section 20(2) of the COTPA, and Section 3 read with Section 14 of the C&AL Act are not attracted against the petitioners' He further submitted that no contraband was seized from the petitioners and the petitioners are neither manufacturing nor operating any machinery, nor selling contraband to customers' as alleged in the complaint. Hence, the continuation of proceedings against the petitioners is a clear abuse of the process of law'

4.1. He further submits that the offences levelled against the petitioners are punishable with imprisonment of less than seven years and the tnvestigating Officer' without following the mandatory procedure prescribed under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') and without follou'ing the guidelines formulated by the Hon'ble Supreme Court in Arnesh Kumar Vs, State of Bihart, IS proceeding further in the matter and the same is contrary to law.

5. Per c:ontra. the learned Additional Public Prosecutor submits that there are specific allegations levelled in the complaint against the petitioners to attract the ingredients of Sections Sections 272 and 275 of'the BNS, Section 20(2) ot the COTPA, and Section 3 read with Section 14 of the C&AL Act. Whether the allegations levelled in the complaint a.re true or not the same has to be revealed during the course of investigation especially the investigation is under progress. The petitioners are not entitled to seek quashment of the proceedings against them at this stage. However, since the offences alleged against the petitioners are punishable with imprisonment of less than seven years, the Investigating Officer intends to follow. the procedure contemplated under Section 35(3) of the BNSS and the guidelines laid down by the Hon'ble Apex Court in Arnesh Kumar (supra). However, the petitioners are '1zot,r;8 scc zz; avoiding receipt ofnotice under Section 35(3) ofthe BNSS and are not cooperating with the investigation.

6. By way of reply, leamed counsel for the petitioners submitted that petitioners will cooperate with the investigation, and submit their reply/explanation along with relevant documents' He further submitted that the Investigating Officer may be directed to follow the due procedure as contemplated under the provisions of thc BNSS.

7. Having considered the rival submissions made by the respective parties and upon perusal of the material available on record, it reveals that the offences levelled against petitioners are punishable with imprisonment of less than seven years' Even according to the learned Additional Public Prosecutor' the Investigating officer will follow the procedure contemplated under Section 35(3) of the BNSS and also the guidelines formulated by the Apex Court tn Arnesh Kumqr (supra)'

8. Taking into consideration the peculiar facts and circumstances of the case, the petitioners are directed to appear before the Investigating Officer on or before 15J02026 and the lnvestigating Officer is directed to follow tht procedure

To, contemplated under Section 35(3) of the BNSS and follow the guidelines issued by the Apex Colrt in Arnesh Kumar (supra). It is needless to mention that the petitioners are entitled to put forlh their grievance, if any, upon receipt of notice under Section 35(3) of the BNSS, and produce all documents available with them before the Investigating Officer. The petitioners shall also cooperate rvith the investigation.

9. Accordingly, the Criminal Petition is disposed of. Miscellaneous applications, pending if any, shall stand closed. SD/- K. BHAVANI SWAMY ASSISTANT REGISTRAR //TRUE COPY' SECTION OFFICER

1. The I Additional Chief Judicial ltilagistrate, Hyderabad City at Nampally

2. The Station House Officer, Asifnagar Police Slation Hyderabad ' 3 One CC to Mr. Khala Azharuddin, Advocate [OPUC]

4. Twc, CCs to Public Prosecutor High court for the state of Telangana, at Hyderabad [OUT] 5 Two CD CoPies KAI//GNK

HIGH COURT DATED: 0811012026

ORDER

CRLP.No.16589 of 2026 DISPOSING OF THE CRIMINAL PETITION e S tArE

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