Disposed

Sajjad Hussain v. The State of Telangana

Telangana HC9 Apr 2025CRLP/4959/2025

Case brief

AI extract

What is this about?

Petition under Section 528 BNSS seeking quashment of proceedings in Crime No. 284 of 2025 for offences punishable with imprisonment below seven years. Court directed the Investigating Officer to issue Section 35(3) BNSS notice and follow Arnesh Kumar guidelines; petitioner to cooperate with investigation.

What did the court decide?

Investigating Officer directed to issue notice under Section 35(3) BNSS and conduct investigation per Arnesh Kumar guidelines; petitioner to cooperate.

Sajjad Hussain Vs The State of Telangana — Quashing and FIR | Telangana HC (2025)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABA Dl3217

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WEDNESDAY,THE NINTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT

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THE HONOURABLE SRI JUSTICE N.TUKARAMJI

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CRIMINAL PETITION NO: 4959 OF 2025

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Between:

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Qajjad-Hussain,^{S/o. Late.Abid Hussain, born on 13-02-1gl</sup> Aged 47^years, Occ. Business, Presently. Residing at. Flat No. 602, Mahmooi Resiciency, Salarjung Colony, Tolichowki, Hyderebad, TS.}

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...PETITIONER/ACCUSED

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AND

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1 The State gf Telangana, Represented by public prosecutor, High Court through PS, Raidurgam, At Cyberabad Dist, TS., Hyderabad.^-

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...RESPONDENT NO^{.I/COMPLAINANTS}

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2 Aelia.Moos_avi,^{Wo. Sajjad Hussain, born on 02t0311973,Occ. household,} Rl/o H.No. 22-8-388, Aelia Manzil, Purani Haveli, Hyderabad.

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...RESPONDENT NO 2/COMPLAINANTS

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Petition under section 528 of BNSS praying that in the circumstances stated in the Arlemorandum of Grounds of criminal petition, the High court may be pleased to quash the proceedings against the petitioner / Accused in crime No. 28412025 on the file of PS, Raidurgam, at Cyberabad which is pending on the file of Honourable Xlll Additional Judicial Magistrate of First class, RR 6ist, at Rajendranagar,

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l.A. NO: 1 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 Hlgh court may be pleased to stay all further proceedings in crime No. 2g412025 on the file of PS, Raidurgam, at cyberabad which is pending on the file of Honourable Xlll Additional Judicial Magistrate of First class, RR Dist, at Rajendranagar, pending disposal of the main criminal petition

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This Petition coming on for hearing,upon peruslng the [Memorandum of Grounds of criminal Petition and upon hearing the arguments of sri sHAKEEL AHMED ,Advocate for the Petitioner and Mr Jithender Rao Additional pubtic Prosecutor on behalf of the Respondent No. and none Appear for the Respondent No2.

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The Court made the following: ORDER

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HONOURABLE SRI JUSTICE^{N. TUKARAMJI}

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C:RIMINAL PETITION^{No.4959 o12025}

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ORDER:

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This Criminal Petition is^{filed under Section 528 of} Bharatiya Nagarik^{SurakshaSanhita, 2023 (tor short 'BNSS,} 2023') seeking^{quashmentof the proceedingsin Crime No' 284 of} 2025 ot Raidurgam^{Police Station, Cyberabad District againstthe} petitioner.

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Heard Mr. Shakeel^{Ahmed, learned counselfor. the} petitioner and Mr.Jithender^{Rao Veeramalla, learnedAdditional} Public Prosecutor^{appearingfor the respondent No'1-State'}

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The^{petitioner is accused in Crime No. 284 ot 2025} registered for the^{offences punishableunder Sections 221,} 351(2), 249^{of BNS, 2023.}

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Leamed counsel^{for the petitioner would submit that though} the petitioner is determined^{to see the processthrough and the} alleged offence^{is punishablewith an imprisonmentbelow seven} years, the Police concerned^{have not issuedany notice under} Section 35(3) of^{BNSS, 2023, as such he is apprehending} coercive measures against^{him. He furthersubmitsthat the}

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=-!

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petitioner is ready to cooperate with the investigation, hence prayed for necessary directions for issuance of notice as per law.

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Learned Additional^{public prosecutor} opposed the petition.

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I have perused the materials on record.

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Having regard to the fact that the alleged offence is ' punishable with an imprisonment below seven years and as the petitioner is ready to engage himself in the process, the lnvestigating Officer is directed to issue notice under Section 35(3) of BNSS, 2023 against the petitioner in Crime No.284 of 2025 and conduct proceedings as per the guidelines of Arnesh

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Kumar v. Sfafe of Biharl . ln unison the petitioner is directed to cooperate with the investigation.

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B. With this direction, this Criminal petition is disposed of.

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Pending miscellaneous applications, if any, shall stand

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closed.

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SD/. MOHD.ISMAIL DEPUTY REGIS 'C2!)^{I5cc- )-+3} ,TRUE COPY' SECTION OFFICER

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To,

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The XlllAdditio nal Judicial tvlagistrate of Fi rS Class, RR Dist, at Rajend ra nagar

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The Station House Officer,Police Station Raidurgam Cyberabad

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One CC to SRl. SHAKEEL AHMED Advocate [OPUC]

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ffi CGto SRr.^pUBLtC PROSECUTORA$"d. ttith^<on'r m $de "+^{r.l"v5"^v.,1 o.n)} 5. Two cD copies

AG/pslw

HIGH COURI'

DATED:0910412025

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ORDER

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CR!-P.No.4959 ot 2025

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CRLP IS DISPOSED OF

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Sajjad Hussain v. The State of Telangana

Case brief

What is this about?

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Sajjad Hussain v. The State of Telangana

Case brief

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