CRLP/16173/2026 of Md. Shaker Hussain alias Saker Vs The State of Telangana on 1 October 2026

1. The State of Telangana, Rep. by its Public Prosecutor, High Court for the State of Telangana, at HYderabad.

2. Akula Sravan, S/o Kishan, Aged about 28 years, Occ Business, R/o Wadukapoor Village, Julapalli Mandal, Peddapalli District, Telangana' ...RESPONDENTS/COMPLAINANTS Petition under Section 528 of BNSS praying that in the circumstances stated in the l/lemorandum of Grounds of criminal Petition, the High court may be pleased to call for the records pertaining to crime No.240 of 2026, dated 25.O9.2026, on the file of Peddapalli Police Station, Ramagundam Commissionerate, and quash the same insofar as the petitioners i Accused No 1 and 2 aTe concerned' l.A. NO: 2 OF 2026 Petition under section 528 of BNSS praying that in the circumstances stated in the lilemorandum of Grounds of criminal Petition, the High court may be pleased to stay all further proceedings, including the arrest of the Petitioners/Accu sed Nos 1 ^nd 2, in relating to crime No 240 of 2026 dated 25.09.2026, on the file of Peddapalli Police Station, Ramagundam Comm issionerate. ThisPetitioncomingonforhearing,uponperusingtheMemorandumof Grounds of criminal Petition and upon hearing the arguments of sri KATIKA RAVINDER REDDY, Advocate for the Petitioner and sri Jithender Rao Veeramalla, the Addl. Public Prosecutor on behalf of the Respondent No.'1 and none appeared on behalf of the ResPondent No.2. The Court made the following: ORDER

lttEta!'ls7 IN THE HIGH COURT FOR THE, STATE, OF'TELANGANA AT HYDERABAD IHE IIONOI.;RABI-E SRI JT,STICE J.SREENIVAS RAO CRIMINAL PE'tll'lON No.l6l73 of 2026 CNR No. HBIIC0l 0673 432026 Date:01.10.2026 Bctu ccr.r: Md.Shakcr Hussain !i Sakcl and anothcr Petit ionerslAcc used Nos. I and 2 AND -l'he State of -l'clansana and anothcr Ii.csponclcnts ll5(2) and 351(2) r/w 3(5) of'thc Bharatiya N1,aya Sanhita. 2023 1lbr ORDt]R: -I'his Criminal Petition has brcen tl led under Section 528 ol the [)haralil,a Nagarik Suraksha Sanhirrr. 102-1 (lbr shorl'thc I]\SS') by thc petitioners/acc used Nos.l and 2 seeking to quash the proceedings in Crime No.240 of 2026 of Peddapalli Police Station, Ramagundam Distrir:t, registered tbr the otJbnccs pLrnishablc under Scctions 137. short'the BNS') ). Ileard Mr. K.Ravinder Rcddr. lcarned counsel lbr the petitioners. and Mr.Jithendar Rao \reeramalla, learned Additional Pr-rblic Prosecutor t- for respondent No. l. With their consent, this criminal petition is disposed of at the stage of admission.

3. I-earned counsel flor the petitioners submitted that the petitioners have not committed any offence and they have been falsely implicated in the present crime. Even according to the allegations levelled in the complaint, the ingredients of the ol-tence under Sections 137, I l5(2) and 351(2) r/w 3(5) of the BNS are nor atrracted. Respondent No.2 in his cornplaint specifically mentioned that the petitioners had taken him to the police station and therefore, question of alleged allegation of kidnapping does not arise. Hence, the ingredients of Section 137 of the BNS are not attractcd. [{e funher submitted that pctitioner No. I lodged complaint in respect of the very same incident on 25.09.2026 and based on the said complaint, Crime No.24 I of 2026 was registered by the S.H.O., Peddapalli Police Station, tbr the oll'ence undcr Section 125(l) of the BNS. Hence, continuation of the proceedings against the petitioners is a clear abuse of the process law. 4.1 Per contra, the leamed Additional Public Prosecutor submitted that there are spccilrc allegations lcvelled in the complaint that the petitioners had forcibty taken respondent No.2 and the said allegations attract the ingredients of the ofI'ence under Section 137 of the BNS and IGEE'

the investigation is under progress, cspccially petitioner No.l lodged the complaint subsequent to the complaint ol respondenl No.2. Merely on account ol the pendency of C--rime No.24 I of 2026, the petitioners are not entitlcd ro seek cluashing of the pxrcccdings. Whcther the allcgations levell,:d against the petitioners in the cornplaint are trlre or not, the same will be revealed during the course of investigation, especially the inr' cst igat ion is under proBress 4.2 Ile turther sr-rbmitted that LItc ot-tenccs Icvclled against the petitioners are punishablc with imprisonment of less than seven years and the I rr cstigating ()l-flccr wants to lbllor.r thc dLrc procedure as conternplated under Section 35(3 ) ol' the BNSS and thc guidelines issued by the tlon'ble Apex Court in Arnesh Kumar Vs. State of Biharr, and the pe:itioners are not cooperating u ith thc investigation

5. 'l hc learned counscl tbr thc pctitioncls br wav ol'rcplv subrnitted

6. Ilaving consiclered the rival sr-rbrlissions uradc b1, rhe respcctivc that the petitioners r",ill cooperate with the investigation parties and after perusal of the material a.., ailable on record. it reveals that based on the complaint lodged by respondent No.2, the present crime has bcen rl'sistered on l-5.09 2026. I'hc'ccord further rgr.'cals that pctiti.ncr - :i.. (201+) 8 SCC 273

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No. I also lodgcd a cornplaint on thc very same day in respect of the very same incident, and based on the said complaint, Crime No.24l of 2026 has been registered. Even according to the leamed Additional Public [)rosccr-t[or, both thc crinrcs ale pcnding bcfbre the vcry same police station and the investigation is under progress. The offences levelled against the petitioners are punishable with imprisonment of less than sevcn years. I--ven according to thc lcarned Additional Public Prosecutor, the Investigating Officer wants to lollow the very same procedure in respect of the petitioners

1. laking into considclation thc pcculiar t'acts artd circumstances of the case and in view of the submissions made by the learned Additionat Public Prosecutor, the petitioners/accused Nos.l and 2 are directed to appear belore the Investigating Olticer on or before 13.10.2026 and on such appearance, the Investigating Offlcer is directed to scrupulously follow the due procedure as contemplated under the provisions of the BNSS and the guidelines issued by the Hon'ble Apex Court in Arncsh Kumar (supra). -l hc petitioners shall cooperate with the investigation It is needless to mention that the petitioners are entitled to put forth their grievance bcfore the Investigating Offlcer by raising all the pleas which GIET

are available to them and they are also entitled to submit rhe documents. which are in their custod),.

With the above directions, the Criminai petition is disposed of. To, Miscellaneous applications, pending ilany, shall stand closed. SD/-C. DEEPIKA ASSISTANT REGISTRAR //TRUE COPYII SECTION OFFICER I

1. The Judicial lvlagistrate of First Class, peddapalli. 2' The station House officer. peddapali porice station, Ramagundam Commissionerate 3 Two CCs to PUBLIC PROSECUTOR High Court for the State of Telangana, at llyderabad [OUT] 4 On: CC to SRI KATIKA RAVTNDER REDDY Advocate tOpUCl 5 Two CD Copies IPK,'GNK \\\

HIGH COURT DATED: 0111012026

ORDER

CRLP.No.16173 of 2026

-lqF.q C] g STATg o ( q oo CRIMINAL PETITION IS DISPOSED OF t-9 0l o$ 2U26 I i C '.r1C\ &