CRLP/14975/2026 of Zaheed Alias Syed Hussain Vs The State of Telangana on 7 October 2026

ORDER

This Criminal Petition is filed seeking to quash the proceedings in FIR No.93 of 2024 of Humayun Nagar Police Station, Hyderabad, wherein the petitioner were arrayed as accused No.4, for the offences punishable under Sections 341,382,323, 506 r/w 34 ofthe Indian Penal Code, 1860 (for short 'IPC').

2. Heard Mr.Manoj Kumar Akula, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, leamed Additional Public Prosecutor'for respondent No. 1.

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Leamed counsel 1br the petitioner submittecl that the petitioner has not committed any of the alleged offence and has been falsely' implicated in the present crime by making omnibus allegations. Even accolding to the allegations made in the c,rmplaint, the ingredients of Sections 341,382,3n, 5A6 rirv 34 of the IPC are not attracted against the petitioner. He ftrrther submitted that the only allegation levelled against the petitioner is that at the request of accused Nos.1 and 2, the petitioner a:companied them to the place of occurrence, where he allegedly beat and threatened I W.l.

4.1. Ile furthcr submits that the offences levelled against the petitioner are punishable with imprisonment of less than seven years and the Investigating Officer, without following the procedure contemplated under Section 41-A of the Cr.P.C., 1973/Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (.lor short 'BNSS') and guidelines formulated by the Hon'ble Suprenre Courr in Arnesh Kumar Vs. State of Bihart. is proceeding further in the matter and the same is contrary to law. '(:o t,1) 8 sL c :r:

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5. Per contra, the leamed Additional Public Prosecutor submits that there are specific allegations levelled in the complaint against the petitioner to attract the ingredients of Sections 341,382,323, 506 r/w 34 of the IPC. Whether the allegations levelled in the complaint are true or not the same has to be reveaied during the course of investigation especially the investigation is under progress. The petitioner is not entitled to seek quashment of the proceedings against him at this stage. However, since the offences alleged against the petitioner are punishable with imprisonment of less than seven years, the Investigating Officer intends to follow the procedure contemplated under Section 4l-A of the Cr.P.C.iSection 35(3) of the BNSS and the guidelines laid down by the Hon'ble Apex Court in Arnesh Kumar (supra). Further, learned Additional Public Prosecutor submits that accused Nos.1 to 3 have aiready been arrested and enlarged on bail. However, the petitioner is avoiding receipt of notice under Section 41-A of the Cr.P.C./Section 35(3) of the BNSS and is not cooperating with the investigation since the date of registration of crime i.e.,04.03.2024.

6. By way of reply, learned counsel for the petitioner submitted that petitioner will cooperate with the investigation, and submit his - replyi explanation along rvith relevant documents. He further slbmitted that the Investigating Olficer may be directed to follor'v the due procedure as contemplated under the provisions of the BNSS. 1 . 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 petitioner are punishable with imprisonment .of less than seven years. The allegation levelled against the petitioner is that at the instance of accused Nos.1 and 2, he threatened LW.l and forcibly took away h is mobile phone. On a prima facie consideration of the allegations, the ingredients of the offences punishable under Sections 341,382,323 and 506 read with Section 34 of the IPC ooes not attract against the petitioner. Even accorcling to the leamed Additional Public Prosecutor, the Investigating Officer will follow the procedure contemplated under Section 4i-A of the Cr.P.C./Section 35(3) of the BNSS and also the guidelines fbrmulated by the Apex Court in Arnesh Kumar (supra). E. 1'aking into consideration the peculiar facts and circumstances of the case, the petitioner is directed to appear before the Investigating Officer on or before 17.10.2026 and the Investigating Officer is directed to follow the procedure contemplated under Section 41-A of the Cr.P.C.i Section 35(3) of the BNSS and follow the guidelines issued by the Apex Court in Arnesh Kumar (supra). It is needless to mention that the petitioner is entitled to put forth his grievance, if any, upon receipt of notice under Section 41-A of the Cr.P.C./ Section 35(3) of the BNSS, and produce all documents available with him before the Investigating Officer. The petitioner shall also cooperate with the investigation

9. Accordingly, the Criminal Petition is disposed of. Miscellaneous applications, pending if any, shall stand closed. SD/-C. DEEPIKA ASSISTANT REGISTRAR //TRUE COPY/i SECTION OFFICER

1. The Vl Additional Chief tr/letropolitan Magistrate at Hyderabad

2. Station House Officer Police Station Humayun Nagar, Hyderabad'

3. One CC to Sri IVlanoj Kumar Akula, Advocate IOPUC]

4. Two CCs to PUBLIC PROSECUTOR High court for the State of Telangana, at Hyderabad [OUT]

5. Two CD Copies BA/GNK To, qy

HIGH COURT DATED: 0711012026

ORDER

CRLP.No.14975 of 2026 DISPOSING OF THE CRlMINAL PETITION + Tl F $/ \, o "1,b oF 1-5 c $$ qo d- tr + H