Disposed

Mohd Yaseen., v. The State of Telangana

Telangana HC16 Dec 2025CRLP/16862/2025

Case brief

AI extract

What is this about?

Petitioner sought quashing of FIR proceedings where offences were punishable with less than seven years imprisonment. Court declined to decide merits and directed him to appear before the Investigating Officer by a fixed date, upon which notice under Section 41-A CrPC/Section 35(3) BNSS would issue per Arnesh Kumar guidelines.

What did the court decide?

Petitioner to appear before IO by 24.12.2025; IO to issue Section 41-A/35(3) BNSS notice following Arnesh Kumar guidelines; petitioner may submit reply/explanation with documents.

Mohd Yaseen., Vs The 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 AT HYDERABAD

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TUESDAY,THE SIXTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE J SREENIVAS RAO

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CRIMINAL PETITION NO: 16862 OF 2025

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Between:

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Mohd Yaseen, S/o. Mohd Yakoob, Aged 25^years, Occ.^{Pvt. Employee,Rl/o.} 2-19'llA, Sai Nagar, Old Hafeezpet,, Miyapur Hyderabad.

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...Petitioner/Accused No.1

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AND

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'1 . The State of Telangana,, Rep. by its Public Prosecutor, High Court at Hyderabad

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Sri. Santosh Kumar Boyina,, S/o. Ramana Murty Boyina,^{Aged.46 years, Occ} Amazaon Employee, Rl/o. E-301 Sunway opus Ameenpur, 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^proceedings against^{the Petitioner/AccusedNo.1 in} Cr.No.28'18/2025 of P.S. Gachibowli, Cyberabad, in the^{interestof justice.}

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l.A. NO: 2OF 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 HighCourt may} be pleased to stay all further^proceedings, including the^{arrest of the} Petitioner/Accused No.1 in Cr.No.2B1812025 ol P.S. Gachibowli,^Cyberabadand pass such order or orders as this Hon'ble Court may deems fit and^proper in the interest of^justice.

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This Petition coming on for hearing upon perusing t re Memorandum of Grounds of Criminal petition and upon hearing the argun ents of Sri MOHD MUZAFFER ULLAH KHAN ,Advocate for the petitioner and t e Sri Jithender Rao veerama'a, Additionar pubric prosecutor on beharf of the R: ;pondent 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 HT'DERABAD

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THE HONOURABLE SRI JUSTICE J.SR.EENIVAS RAO

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CRIMINAL PETITION No.16862 of 2025

Date:16.12.2025

Between

Mohd Yaseen

...Petitioner

AND

The State ofTelangana, rep. by its Public Prosecutor,

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High Court at Hyderabad and another

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...Respondents

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Order

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This Criminal Petition is filed seeking to quash the

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proceedings in FIR No.28 1 8 of 2025, on the file of the Gachibowli

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Police Station, Cyberabad, wherein the petitioner was arrayed as

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accused No.l, for the offences punishable under Sections 305(a),

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318(4), 314 and 316(2) ofthe Bharatiya Nyaya Sanhitha,2023.

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Heard Mr.Mohd. Muzaferullah Khan, learned counsel for the

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petitioner and Mr.Jithender Rao Veeramalla, leamed Additional

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Public Prosecutor for respondent No. 1-State

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Leamed counsel for the petitioner raised sever .l grounds, but restricted his prayer requesting the Court to direct th: Investigating Officer to follow the procedure as contemplated unde'Section 4l-A of the Criminal Procedure Code, 1973 (for short, '()r P.C.')/Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, .l t23 (for short, 'BNSS') and also the guidelines formulated by the \pex Court in Arnesh Kumar Vs. State of Biharr, since the ot'l :nces levelled against the petitioner are punishable with imprisonme tt of less than seven years.

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Leamed Additional Public Prosecutor subrt tted that the petitioner may be directed to appear before the Invesli3ating Officer, and on such appearance, the Investigating Offrcer u,i I issue notice under Section 4l-A of the Cr,P.C./Section 35(3) of t, e BNSS. The Investigating Officer will also follow the procedure zl contemplated under law.

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Taking into consideration the facts and circurt;tances of the case and the submissions made by the respective pr rties, without expressing any view on the merits of the case, the per i ioner/accused No. I is directed to appear before the Investigating r)fficer, on or

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before 24.12.2025, and on such appearance, the Investigating Officer is entitled to issue notice under Section 41-A of the Cr.P.C./Section

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35(3) of the BNSS and follow the guidelines issued by the Apex Court in Arnesh Kumar supra.

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It is made clear that the petitioner is entitled to submit reply/explanation along with the documents, which are available with him, to the lnvestigating Officer.

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