Telangana High Court
CRLP/17926/2025 of Mohd. Mustaq alias Kanda Mustaq, Vs The State of Telangana, on 31 December 2025
COURT FOR THE STATE OF TELANGANA // AT HYDERABAD WEDNESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION NO: 17926 OF 2025 Between: Mohd. Mustaq @ Kanda Mustaq, S/o. Late Mohd. Nizam, Aged about 44 years,
IN THE HIGH COURT FOR THE STATE OF TELANGANA // AT HYDERABAD
WEDNESDAY, THE THIRTY FIRST DAY OF DECEMBER
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SMT JUSTICE TIRUMALA DEVI EADA
CRIMINAL PETITION NO: 17926 OF 2025
Between:
Mohd. Mustaq @ Kanda Mustaq, S/o. Late Mohd. Nizam, Aged about 44 years, Occ. Business, R/o. H. No. 17-8-42'118, '1st floor, Saima Function Hal, New Malakpet, Amberpet, Hyderabad,
...Petitioner/Accused
AND
1 . The State of Telangana,, Rep. by its Public Prosecutor, High Court at Hyderabad.
2. Amled Ullah Khan, S/o. Late. Mohd. Amanullah Khan, Aged about not mentioned in FlR, Occ. Spokesperson MBT, R/o. H. No. 16-3-527, Chanchalguda, Hyderabad
...RespondenUComplainant
Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to Quash the proceedings against the Petitioner / Accused in Crime No. 270 of 2025 daled 1811112025 for offences Under Sections 351 of lVladannapet Police Station, Hyderabad.
l.A. NO: 2 OF 2025
Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to Stay all further proceedings inctuding the appearance of the Petitioner/Accused in Crime No. 270 of 2025 of Madannapet Police Station, Hyderabad, pending disposal of the main Criminal Petition in the interest of justice.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Mr M A MUJEEB, Advocate for the Petitioner and Mr. JITHENDER RAO VEERAMALLA, the Additional Public Prosecutor on behalf of Respondent No.1 and none appeared for the Respondent No.2
The Court made the following: ORDER
I
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THE HON'BLE SMT.JUSTICE TIRUMALA DEVI EADA
CRIMINAL PETITION No.17925 of 2025
Date:3'l .12.2025
Betwee n:
Mohd. Mustaq
. Petitione r/Accused
And
State of Telangana,
Rep. by the Public Prosecutor,
High Court for the State of Telangana,
Hyderabad and another.
... Respondents
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ORDER:
This criminal petition is filed seeking to quash the pfoceedings against the petitioner-accused in Crime No.270 of 2025 on the file of the Station House Officer, Madannapet Police Station, Hyderabad, registered for the offence under Section 351(2) of BNS
2. Heard IVlr. M.A lVuleeb, learned counsel for the petitioner and [\4r.Jithender Rao Veeramalla, learned Additional Public Prosecutor for the respondent No.1-State.
ETD,J Ctl.P. No.17926 o12025
3. Though this petition is filed for quashing the proceedings in the crime, during the course of arguments, learned counsel for petitioner has sought for a direction to the Police to follow the procedure laid down under Section 35(3) of Bharatiya Nagarik Suraksha Sanhita (BNSS)
4. Learned Additional Public Prosecutor submitted that the police have already served notice under Section 35(3) of BNSS to the petitioner and hence, prayed to pass appropriate orders in the petition
5. Perused the record
6. The offence alleged against the petitioner is under Sectron under Section 351(2) of BNS. Considering the submissions of the learned counsel for the petitioner and as the petitioner was already served with notice under Section 35(3) of BNSS, this Court deems it appropriate to direct the police concerned to consider the explanation submitted by the petitioner and to follow the procedure laid down under Section 35 (3) of BNSS and the guidelines formulated by the Hon'ble Apex Court in i
ETD,J Crl.P. No.17926 of 2025 Arnesh Kumar v. State of Biharl scrupulously. The petitioner is also directed to co-operate with the lnvestigating Officer and to furnish the requisite information and documents as and when required by him.
7. Accordingly, the Criminal Petition is disposed of with the above directions l/iscellaneous Petitions pending, if any, shall stand closed J Sd/- V.HARI PRASAD DEPUTY REGISTRAR SECTION OFFICER To, TheVllAddl'ChiefJudicralMagistrateatNampq]|y,.Hvderabad. . rhe station House ottrcgl' iliiXiti'''iJip;ll6 siatioi' Hvderabad' . Two ccs to the pubrrc ,Jr;"J#;i;;:li;i1"corrt i"r ttie state of Telansana' at 8I1"tt?S J?YIL rr, ==r, Advocate toPUCl Two CD CoPies
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HIGH COURT DATED: 3111212025 ( THE S fA .-) .:J 1 i ir ,l ?026 z
ORDER
CRLP.No.17926 of 2025 Accordingly, this Criminal Petition is Disposed of. JKS 1+1r/ae 9r.'v * I *