Qudsiya mumtaz , Vs the State of Telangana

Mohammad Hiday_at A! (han , S/o mohd karamat Ali Khan, aged about s1 , occ business ,No 2-2-10-1a93182120 , Mumtaz school la-ne, vegetable market golnaka, Amberpet, hyderabad.

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Basheerunnisa beg.um ,_{/o mohammed hidayat all khan , aged about 50 , occ. housewife, R/o . 2-2- 1093182120 , Mumtaz school laie , vegetable market golnaka, Amberpet, hyderabad.

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4 Tgi.p_qmtqz , Clo mohd lbrahim, aged about 4l , occ.housewife, No 1T-11821M3 salar nagar, Madannapet, Hyderabad.

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... Petitioner/Accused

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AND

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The State of Telangana, Through Public Prosecutor, High Court for the State of Telangana At Hyderabad

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2 Tahmeena Yameen w/o MD Mansoor Ali Khan , Aged about 41 years ,occ. housewife ,No 2-2-1093l82l20,mumtaz high school building Amberpet, Hyderabad.

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..Respondents

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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 FIR No.400/2025 oI P.S. Kachiguda, Hyderabad under Section 115(2), 305(a) BNS as the same is untenable either on facts or under law.

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l.A. NO: 2 OF 2925

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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 DIRECT the P.S.Kachigua , Hyderabad to follow the Section 35 of the Bharatiya Nagarik Surksha Sanhita, 2A23 including stay all further proceedings pursuant to FIR No.400/2024 of P.S. Kachigud, Hyderabad under Section 115(2) , 305 (a) BNS and including arrest of Petitioner pending disposat of the main Criminal Petition.

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This Petition coming on for hearing, upon^perusing the lVlemorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri^ANKARLA DHEERAJ, Advocate for the Petitioners and Sri Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of Respondent No.1 and none appeared for the Respondent No.2.

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The Court made the following: ORDER

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO

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CRIMINAL PETITION No.15770 of 2A25

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Date: 01.12.2025

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Between:

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Qudsiya^{Mumtazand three others}

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...petitioners

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AND

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The State of Andhra Pradesh, Represented by its Public Prosecutor High Court for the State of Telangana, At Hyderabad and another

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...respondents

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Order

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This Criminal Petition is f,rled seeking to quash the proceedings in FIR No.400 of 2025, on the file of the Kachiguda Police Station, Hyderabad, wherein the petitioners were arrayed as accused Nos.l to 4, for the offences punishable under Sections 115(2) and 305(a) of the

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Bharatiya Nyaya Sanhitha, 2023 (for short 'BNS').

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Heard Mr.Ankarla Dheeraj, learned counsel for the petitioners and Mr.Jitendar Rao Veeramalla, learned Additional Public Prosecutor

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appearing for respondent No. l/State.

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Learned counsel for the petitioners/accused Nos.l to 4 submitted that the offences levelled against the^petitioners are^{punishable with an} imprisonment of less than seven years. He further submitted that^the lnvestigating Officer, without following the^{procedure contemplated} under Section 4l-A of Cr.P.C./Section 35(3) of the^{Bharatiya Nagarik} Suraksha Sanhita, 2023 (for short,^'BNSS'), as well as the^guidelines formulated by the Hon'ble Apex Court in Arnesh Kumqr^Vs. State of Bihsrt , proceeding further in the matter and requested this Court to direct the lnvestigating Officer to follow the procedure contemplated under Section 41-A of the Cr.P.C./Section 35(3) of the BNSS and the guidelines laid down by the Hon'ble Supreme Court in Arnesh Kumar's case (supra).

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The above said submission was not opposed by learned Additional Public Prosecutor appearing for respondent No.l/State.

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Taking into consideration the above submission and without expressing any view on the merits of the case, the Investigating Officer is directed to follow the procedure as contemplated under Section 4I-A of the Cr.P.C./Section 35(3) of the BNSS, and the

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t lzor+; 8 scc 273

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::3::

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guidelines formulated by the Hon'ble Apex Court inArnesh Kumar's cuse (supra).

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tt is made clear that the petitioners/accused Nos.l to 4 shall cooperate with the Investigating Officer for the^{investigationand} make themselves available to him as and when required^{and also} provide the information/documents as sought by him to conclude^the investigation.

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7 . If the petitioners/accused Nos.l to 4 fails to cooperate^{with the} Investigating Officer for investigation, the^{InvestigatingOfficeris at} liberty to take action against them in accordance^{with law.}

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