The Court disposed of the petition to quash proceedings without examining merits, noting the low severity of offences. It directed the petitioner to appear before the IO to cooperate with the investigation in compliance with Arnesh Kumar guidelines.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[3385 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
WEDNESDAY, THE EIGHTEENTH DAY OF SEPTEIMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT JUSTICE K. SUJANA
CRIMINAL PETITION NO: 10980 OF 2024
Between:
Mohammed Muzammil, S/o. Mohammed Nizamuddin, Aged 19 years, Occ. Student, R/o. H.No. 9-459170, Near Ghousia Masjid, Hakeempet, Tolichowki, Hyderabad
...Petitioner / Accused
AND
...Respondent / Defacto Complainant
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 all the proceedings in Crime No. 33712024, on the file of P.S. Humayun Nagar Hyderabad-cum-on the file of the Hon'ble Vl Additional Chief Metropolitan Magistrate at Hyderabad Sections 318(2), 318(4) BNS Act, so far it relates to the Petitioner, including their appearance, pending disposal of the main Criminal Petition.
l.A. NO: 1 OF 2024
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 the further proceedings in Crime No. 33712024, on the file of
I I
''P.S. Humayun Nagar Hyderabad-cum-on the file of the Hon'ble Vl Additional Chief Metropolitan lVlagistrate at Hyderabad Sections 318(2), 31S(4) BNS Act.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Mohmmad Abdul Kalam Siddiqui, Advocate for the Petitioner and Sri Arun Kumar Doddla, Additional Public Prosecutor on behalf of the Respondent No..l .
The Court made the following Order :
) I
THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.1O98O of 2024
ORDER:
This Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (for short tsNSS) by the petitioner/ accused seeking to quash the proceedings against him in Crime No.337 of 2024 of Humayun Nagar Police Station, Hyderabad, registered for the alleged offences punishable under Sections 318(2),318(4) of the Bharatiya Nyaya Sanhita (for short 'BNS).
2 Heard Sri Mohammed Abdul Kalam Siddiqui, learned counsel for the petitioner and Sri Arun Kumar Doddla, learned Additional Public Prosecutor for respondent No.1 - State.
2
the guidelines formulated by the Hon'ble Supreme Court of India in Arnesh Kumar u. State of Bihorr scrupulously. However, the petitioner shall submit his defense and co-operate with the Investigating Officer as and when required by furnishing information and produce all relevant documents/material required for the purpose of the investigation arld the Investigating Officer shall consider the same before filing appropriate report before the learned Magistrate concerned.
.\
Miscellaneous applications, if any pending, shall also
stand closed.
Sd/- P. PADMANABHA REDDY ASSISTANT REGISTRAR \
//TRUE COPY//
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SECTION OFFICER
To,
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HIGH COURT
,,
DATED:1810912024
ORDER
CRLP.No.10980 of 2024
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DISPOSING OF THE CRLP
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1 issue framed by the court
Whether proceedings against the petitioner under Sections 318(2), 318(4) BNS should be quashed?
Colour shows how this judgement treated each authority
Arnesh Kumar v. State of BiharRelied on¶28
Arnesh Kumar u. State of Bihorr
3 provisions across 2 enactments
Mohammed Muzammil
State of Telangana
Saharan Khatoon
K. Sujana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
