CRLP/15911/2026 of Afreen @ Afreen Begum, Vs The State of Telangana, on 29 September 2026

1. Afreen @ Afreen Begum, D/o. Jahangir Khan, Aged about 32 years, Occ. Housewife, R/o.H.No.4-13-457, [t/luhamoodabad, 9 Number, Attapur, Rajendranagar, Ranga Reddy District.

2. IVohin @ Mohammed lVloinuddin, S/o. I\,4ohammed Afzal, Aged about 43 years, Occ: Business, R/o.H.No.13-69, Balajinagar, Shameerpet, Ranga Reddy District

3. Asif @ fvlohd. Haseeb, S/o. Mohammed llyas, Aged about 24 years, Occ Student, R/o. H. No.19-4-3401551A, Konda Reddy Guda, Kishan Bagh, Bahadurpura, Hyderabad - 500 064. ...PETITIONERS /ACCUSED NO.1 TO 3 AND

1. The State of Telangana, P.S. Attapur, Hyderabad, Represented by its Public Prosecutor, Hrgh Court for the State of Telangana at Hyderabad 2 Md. Sohel, S/o. IVd. Ismail, Aged aboul 22 years, Occ. Driver, R/o.H.No 19-5- 28149'A11, Setwin, 9 Number, Attapur, Hyderabad. ...RESPONDENTS/DEFACTO COMPLAINANT Petition under Sectron 528 of BNSS praying that in the circumstances stated ln the [\r]emorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings in FlR No.1023 ol 2026, dated 20.09 2026 of PS Attapur, Hyderabad against the petitioners herern / Accused No.'l to 3.

LA. NO: 2OF 2026 Petition under Section 482 of cr.p c praying that in the circurrstances stated in the Memorandum of Grounds of Crrminal petition. the High Court ma,r be pleased to stay of all further proceedings in FIR No.1023 of 2026, dated 20.09 2026 of pS Attapur, Hyderabad against the petitioners herein / Accused No.1 to 3 including the arrest of the petitioners / Accused No.'1 to 3 pending disposal of the main crimiral petition. Thrs Petitron coming on for hearing. upon perusing the l\,4emo andum of Grounds of Crimtnal Petition and upon hearing the arguments of Sri t\/oh:rnrmed Habeebuddin, Advocale for the Petitioners and sri Jithender Rao Veeramalla, Additional pubLc Prosecutor on behalf of the Respondent No.1 and none appeared for the Respondent N o.2 The Court made the following: ORDER

IN THE HIGI.I COURT FOR ]'HE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JT]S'IICE J.SREENIVAS RAO CRIMINAI- PETI-IION No.l59ll of 2026 CNR No. : H11HC010667022026 Date:29.09.2026 Between Alreen @ Afreen Begum and two others ...Petitioners AND The State ofTelangana and another. ...Respondents ORDI]IT petitioners/accused Nos.l to 3 seeking to quash the proceedings in Crime No.l023 of 2026 of Attapr-rr Police Station. IJl,derabad. registered for the of1-ences punishable under Sections 329(4), l1s(2), 126(2).308(3), 3s2,3st(2) and 308(2) r/w 3(5) of the Bharatiya Nyaya Sanhita.2023 (lor shon, 'BNS')

2. Heard Mr.Moharnrred Ilabeebuddin. lcarned cor-rnsel lbr the petitioners and Mr.Jithender Rao Veeramalla. learned Additional Public Proseculor lor lcspondent No.l

3. With their consent, the criminal petition is disposed of at the stage of admission This Crirninal Petition has been liled by the

4. Learned counsel lor the petitioners submits that the petitioners hqvc not comlniLtcd the alleged of-fences and have been ialscly irnplicatcd i. thc prescrt case. l re fiir-ther subrnits that petitioner No.l is the owner olthe auto bearing No. l-S1tUC6g41. which was taken on rent by re spondent No.2. When petitioner No.1 derranded pa),ntcnr oi- the arnount due, respondenr No.2 fl led the present complaint, gi'ing it a crirninal colour. He lurlher subrnits that the petitioners neither threatened respondent Nr.2 nor abused hirn nor derrandcd an alrount o1- Rs. 1,00.0001_ as alleged in the complairt. [{e lurther subrnits that the ingredients 1br the offer.rce under Sections 329(4), ll5(2). 126(2).308(3), 152,3_st(2) and 308(2) rirv 3(5) ol rhe UNS arc not artracred against the peritiouers and are punishable r.vith imprisonment of less than seven years. fhe Investigating Offlcer. without following the rnanclatory procedure prcscribed under Secrion 35(3) ol thc Bharariy,a Nag.arik Sr-rraksha Sanhita. 1023 (tbr short'BNSS') and withor-rt lbllouing the gLride lines for.ularcd b1, the I Ion,ble Supreme Co _u.t in Arneslt I(umar Vs. Slole of Bihart . is proceeding lurthcr. in the ntatter and the sarne is contrary, to law.

5. Per contra, leamed Additional public proser:r-rtor submits pet-itioners abuscd .esponclent No.2 a,d demanded i,r amount of that there are specitic allegations in the corrplrrint th.L trre (201.r) 8 scc I7_1

Rs.1,00,000/- from him. Whether the petitioners have punishable with irrprisonrrent less than years. Iiowever'. the committed the offence or not have to be revealed during the course of investigation and the petitioners are not entitled to seek quashing of the proceedings at this stage. He further submitted that the Investigating Officer wants to follow the procedure contemplated under Section 35(3) of the tINSS and also the guidelines fbnr.rulated by the Apex Court in Arnesh Kumar (supra) on the ground that the offences levelled against the petitioners arc petitioners are not coming forward to receive the notice under Section 35(3) of BNSS and not cooperating with the Investigating Officer

6. Learned counsel lor the petitioners submits that the petitioners will appear betbre the lnvestigating Officer to recejve notice under Seclion 35(3) ol BNSS and will subrnit reply to the said notice

7. Having considered the rival submissions made by the respective parties and after perusal ol the material available on record, it reveals that the offences levelled against the petitioners are punishable with imprisonrrent of less than seven -years. Even according to the learned Additional public prosecutor. the Inr,,estigating Officer v'ill fbllow the procedu;.e contemplated rundcr Secrion 35(3) or Lhe BNSS and also the guiderines formulared by rhe Apex Courl in Arneslt Kumnr(.sL pra). lJ. In view of'thc above, thc petitioners are clir:cted to appear befole the In,",estigating Officer on or before 12.10.2026 and submit reply/explanation along rvith the clocuntents, r,,.hich ar.e available with them, to the Investigaring Officer. .the Investigating Olficer is entitlcd to lollow the procedure contc;nplated under. Scction 35(3) of thc uNSS anci tbilorv thc guideriner; issued bv the Apex Court in Arnesh I{umor (supra).

9. Accordingly, thc Cr.iminal petition is disposed :l Miscellaneous applications. pending if. any. shall stancl ciosed. ,TRUE COPY// SD/- K.V.O.NARSI BABU ASSISTANT REGISTRAR SECTION OFFICER To

1. The lll Addrtional Junior civil Judge cum XXV Additional .udicial tvlagistrate of First - Class Ranga Reddy District at Rajendranagar.

2. The Station House Officer. police Statjon Attapur, Hyderabad 3 Two ccs to PUBLTG pRoSECUToR High court for the state of rerangana, at Hyderabad [OUT]

4. One CC to SRt IMOHAIVIVED HABEEBUDDIN Advocate [OITUC]

5. Two CD Copies v BA/Gr,\K

a/ HIGH COURT DATED: 2910912026 .,.1_ C)l: | .; ,',,\ s$ o l:i; i, r \.:. '' .'i i' 6: .!$ aJ

ORDER

CRLP.No.1591 1 of 2026 DISPOSING OF THE CRIMINAL PETITIOT\I +

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