Disposed

Shaik Afsar v. State of Telangana

Telangana HC2 Dec 2025CRLP/15875/2025

Case brief

AI extract

What is this about?

Accused sought quashing of FIR registered under Sections 316(2), 318(4), 351(2) and 336(3) read with 3(5) of the BNS, alleging false implication after obtaining an ad-interim injunction in a civil suit. The court declined to quash, directing the investigating officer to follow Section 41-A Cr.P.C./Section 35(3) BNSS and Arnesh Kumar guidelines.

What did the court decide?

Petition disposed of with directions to IO to follow Section 41-A CrPC/Section 35(3) BNSS and Arnesh Kumar guidelines; petitioners to cooperate with investigation.

Shaik Afsar Vs State of Telangana — Quashing and FIR | Telangana HC (2025)

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[³³⁰³ ]

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IN THE HIGH COURT FOR THE STATE OF TELANGANA

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AT HYDERABAD

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TUESDAY, THE SECOND DAY OF DECEMBER TWO THOUSAND AND TWENry FVE

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PRESENT

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THE HON'BLE SRI JUSTICE J. SREENIVAS RAO

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CRIMINAL PETITION NO: 15875 OF 2025

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Between:

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Shaik Afsar, S/o Shaik Maqbool, Aged 55 yrs, Occ: Business,

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Shaik Feroz, S/o Shaik Afsar, Aged 32yrs, Occ: Business,

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Both Rlo H.No.19-3-10771N33, Sarfaraz Jung Colony Jahnuma, Hyderabad.

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...Petitioner/Accused No.1 & 2

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AND

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State of Telangana, Represented by Public Prosecutor High coud, Hyderabad ..Respondent No.l/Complainant 2. MohammedFayaz, S/o late lVlohammed Ghouse, Aged 38 yrs, Occ Business R/o H.No.2-324, Hafeezpet, Hyderabad.

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... Respondent No.2/Defacto Complainant

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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.222 of 2025 dated 28-11-2025 against the petitioner/Accused No.1 and 2 pending on the file of PS Shah Ali Banda, Hyderabad.

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l.A. NO: 2 OF 2025

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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 stay all further proceedings in FIR No. 222 of 2A25 including the petitioners pending on the file of PS Shah Ali Banda, Hyderabad pending disposal of the main criminal petition.

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This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Mr. S. Mohammed Abdul Raheem, Advocate for the Petitioners and the Mr. Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the 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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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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THE HONOURABLE SRI JUSTICE J. SREENTVAS RAO

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PETITI ON No. 15875 2o.25

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DATE: O2.L2.2925

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Between :

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Shaik Afsar and another

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Petitioners/accused Nos. I and 2

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AND

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State of Telangana,

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Represented by Public Prosecutor Hiih Court, Hyderabad, and anotile.

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...Respondents

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ORDER:

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This criminal petition has been filed by the petitioners/accused Nos.l and 2 seeking to quash the proceedings in F.l.R.No.222 of 2025 of Shalibanda Police Station, Hyderabad, registered for the offences under sections 316(2),318(4), 351(2) and 336(3) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short,^,BNS,).

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Heard Mr. S. Mohammed Abdul Raheem, learned counsel for the petitioners, and Mr. Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for respondent No.1 state.

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Learned counsel for the petitioners submitted that the petitioners have not committed the offences and they were falsely implicated in the present crime. He further submitted that petitioner No.2 has filed a suit in O.S.No.4845 of 2O2S before the XX Junior t \

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Civil Judge at Hyderabad, for grant of perpetual injunction and in the said suit an ad. interim injunction was granted on 22.11.20.25 in I.A.No.832 of 2025. After receiving the notice in I.A.no.832 of 2025, respondent No.2 filed the present complaint on 28.11.2025 with an intention to harass the petitioners, though the ingredients of Sections 316(2),318(4), 351(2) and 336(3) read with 3(5) of BNS do not attract. The offences levelled against the petitioners are punishable with an imprisonment of less than seven years. Ho',vever, the Investigating Oflicer without following the mandatory procedure as prescribed under Section 4l-A of the Criminal Procedure Code, L973 (for short, 'Cr.P.C.)/Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'BNSS) and the guidelines issued by the Apex Court in Arnesh Kumar Vs. State of Biharl, proceeding with the investigation and the same is contrary to law.

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Learned Assistant Public Prosecutor submitted that the Investigating'Officer will follow the due procedure as contemplated under law.

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Taking into consideration the facts and circumstances of the case and the submissions made by the respective parties, without expressing any view on the merits of the case, the Investigating Officer is directed to scrupulously follow the procedure contemplated

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under Section 41-A of the Cr.P.C./Section 35(3) of the BNSS and the guidelines issued by the Apex Court in Arnesh Kumar supra and conclude the investigation.

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It is made clear that the petitioners/accusecl Nos.1 and 2 shalt cooperate with the Investigating Officer for the investigation and 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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If the petitioners/accused Nos.l and 2 farl to cooperate with the Investigating officer for investigation, the Investigating officer is at liberty to take action against them in accordance with law.

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subject to the above directions, the criminal petition is disposed of.

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Miscellaneous applications, pending if any, shall stand closed.

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SD/- K BHAVANI SWAMY, ASSISTANT REGISTRAR.

//TRUE COPY'/

SECTION OFFICER

To,

The XVI Additional Chief Judicial Magistrate at Nampalty.

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The Station House Officer, Shalibanda Police Station, Hyderabad District. 3. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad. TOUTI

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