Sri. Mohammed Faheem Uddin, Vs The State of Telangana — Telangana HC (2025) — LawSathi Research

Sri. Mohammed Faheem Uddin, Vs The State of Telangana — Telangana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Criminal Petition disposed of with directions (quashing not granted): petitioners to appear before the Station House Officer (SHO), Musheerabad Police Station, within one week from receipt of a copy of the order; upon such appearance the Investigating Officer shall issue notice under Section 35(3) BNSS in connection with Crime No. 121 of 2025 and proceed strictly in accordance with the guidelines laid down by the Hon'ble Supreme Court in Amesh Kumar v. State of Bihar [(2014) I SCC 27 31]; petitioners to extend full cooperation during investigation; pending miscellaneous applications, if any, shall stand closed.

Issue for consideration

Whether the proceedings in Crime No. 121 of 2025 of Musheerabad Police Station, Hyderabad, initiated against the petitioners under Sections 324(4), 329(4), 303(2), 351(2) r/w 3(9) of BNS 2023 on the complaint of Respondent No. 2, should be quashed. +1 more

Court's answer

With these directions, the Criminal Petition is disposed of; the proceedings in Crime No. 121 of 2025 were not quashed at this stage.

Ratio / Principle

Considering that the alleged offences are punishable with imprisonment for a term less than seven years and the petitioners' willingness to participate in the investigative process, the petitioners are directed to appear before the Station House Officer (SHO), Musheerabad Police Station, within one week from the date of receipt of a copy of the order.

Key takeaways

Upon such appearance, the Investigating Officer shall issue notice to the petitioners under Section 35(3) of the BNSS in connection with Crime No. 121 of 2025.ratio¶39
The Investigating Officer shall thereafter proceed strictly in accordance with the guidelines laid down by the Hon'ble Supreme Court in Amesh Kumar v. State of flihar [(2014) I SCC 27 31].ratio¶39
Simultaneously, the petitioners are directed to extend full cooperation to the Investigating Officer during the course of the investigation.

Detailed headnote1 paragraphs

High Court for the State of Telangana at Hyderabad (Sri Justice N. Tukaramji) — Criminal Petition No. 6266 of 2025, disposed of on 18-06-2025. Four businessmen, arrayed as accused Nos. 1 to 4 in Crime No. 121 of 2025, dated 28.04.2025, of Musheerabad Police Station, Hyderabad, registered under Sections 324(4), 329(4), 303(2), 351(2) r/w 3(9) of the Bharatiya Nyaya Sanhita, 2023 on the complaint of Respondent No. 2 (Vijay Ojha), sought quashing of the proceedings under Section 528 BNSS, apprehending coercive action as no notice under Section 35(3) BNSS had been issued despite the offences being punishable with imprisonment for a term less than seven years. The Court did not quash the proceedings; it disposed of the petition directing the petitioners to appear before the Station House Officer, Musheerabad Police Station within one week, upon which the Investigating Officer shall issue a Section 35(3) BNSS notice in connection with Crime No. 121 of 2025 and proceed strictly in accordance with the guidelines laid down by the Hon'ble Supreme Court in Amesh Kumar v. State of Bihar [(2014) I SCC 27 31]; the petitioners are to extend full cooperation during the investigation. Pending miscellaneous applications, if any, stand closed.

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

WEDNESDAY, THE EIGHTEENTH^{DAY OF JUNE} TWO THOUSAND AND TWENry FIVE

PRESENT

THE HONOURABLE SRI JUSTICE N.TUKARAMJI

CRIMINAL PETITION NO: 6266 OF 2025

Between:

Sri Mohammed Faheem Uddin, S/o Late Mohd^{Fahri Uddin,Aged about72} years, occupation Business, Fl/o H.No.17-'l-376lHlBl26, tvl.B. Haat Santoshnagar Saidabad, Hyderabad.

Sri Mohammed Abdul Nayeem Pash, S/o M.A.^{Azeez, Agedabout 45 years,} occupation Business Rlio H.No.1-6-922 and^{923, Backside Ek Minar Masjid'} Masheerabad, Hyderabad.

Sri P. Nagaraju, S/o P.Sadanand,^{Aged about 60 years, occupation Business,} Rl/o H.No.'1-8-236, H.No.'10, Chikkadpally, Hyderabad.

Sri Anwar Ahmed Khan,, S/o Ansar Ahmed^{Khan,Aged about 44 years,} occupation Business, Rl/o H.No.8-1-4231N1114911,^{DiamondHills,Tolichowki,} Golconda, Hyderabad.

...PETITIONER/ACCUSED

AND

The State of Telangana, Rep. through Musheerabad^{Police Station,} Hyderabad, Rep. by its Public Prosecutor,^{High Courtof Judicature at} Hyderabad.

RESPONDENT

Sri. Vijay Ojha,, S/o Govind Gopal^{Oj[a, A.g9! about 45 years, Occupatign} . Busin6s-s, R/o D.No.1-5-258,^{Kaman Road, Karimnagar'Telangana-505001.}

...RESPONDENT/COMPLAINANT

Petition under Section Section 528 of^{BNSS, praying that in the} circumstances stated in the^{Memorandumof Grounds of criminalPetition, the} High Court may be^pleased to^{Call for the records relatingto Crime No' 121 of} 2025, dated 28.04.2025, on the^{file of Musheerabad PoliceStation, Hyderabad,} and quash the^{proceedingsagainst the petitionersiaccused registeredunder} Sections 324(4),329(4), 303(2),^{351(2) readwith Section 3(9) of the Bharatiya} Nyaya Sanhita , 2023, as the^{same have been initiated on the basisof a falseand} frivolous complaint lodged by the^{2nd respondent,without any valid grounds or} genurne gnevance.

l.A. NO: 2OF 2025

Petition under' Section^{Section 528 of BNSS, praying that in the} circumstances stated^{in the [Vlemorandumof Grounds of criminal Petition, the}

High Court ma / :)e tleased to grant stay of all further invest gati,rn, proceedings related to the tlrirne No. 121 of 2025, dated 28.A4.2C25 on the file of Musheerabad Po ic€ Station, Hyderabad pending disposal of the above Criminal Petition.

This Petitrr_,n :cming on for hearing, upon perusing flte It lemorandum of Grounds of crrrni:'ra!^Eetition and upon hearing the arguments of l\rlr. syed waheed Ali, Advocate lor tr: Petitioner and Ms. S. Madhavi, learn :d l,,ssistant public Prosecutor on br:t'z li of the Respondent No.1, and None Ap:eared for the Respondent No.2

The Court made^,thr: following: ORDER

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THE HONOURABLE^{SRIJUSTICE N.TUKARAMJI} CRIMINAL PETITIO^{N No.6266 OF 2025}

ORDER

This Criminal Petition is^{filed under Section528 of Bharatiya} Nagarik Suraksha^{Sanhita, 2023(fot short 'BNSS, 2023') seeking} quashment of the^proceedings in^{Crime No-121 ol2025 of} Musheerabad Police^{Station,Hyderabad District, againstthe} petitioners.

The petitioners are arrayed^{as accused Nos-1 to 4 in Crime} No. 12'l of 2025^{registered for the offencesunder Sections 324(4),} 329(4), 303(2),^{351(2) tlw 3(9) of Bharatiya NvayaSanhita, 2023(for} short'BNS, 2023').

Heard Mr. Syed Waheed^{Ali, learned counsel for the petitioners} and Ms. S.Madhavi,^{learned Assistant Public Prosecutor appearingfor} the respondent^{No.1 -State.}

Learned counsel^{for the petitioners respectfullysubmits that} although the^{petitionersare fully committedto cooperatingwiththe} investigative^{process, they are apprehensiveof potential coercive} action being^{taken against them. This concern arises from the fact that,} despite the^{alleged offencesbeing punishablewith imprisonmentfor a} term less than^{seven years,the investigatingpolice authority has not} yet issued any notice^{under Section35(3) of the BharatiyaNagarik} Suraksha Sanhita,^{2023 (BNSS). lt is furthersubmitted that the} petitioners have no intention of^{evadingthe investigationand is willing} to extend fuil^{cooperationto the authorities.ln light of these} circumstances,^{learned counsel praysthat appropriate directionsbe} issued to the^{concerned police officialsto proceedin accordance with}

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law by iss;u rgt a notice^{under Section 35(3) of the BNSS,thereby} safeguard,no th )^{petitioners from any unwarranted coercivt'me isures'}

Learn,:c^{assistant Public Prosecutor opposed the pertittott}

I have:^pe rused the materials^{on record}

Cotts'lerrittg that the alleged^{offences are pun shalrlewith} imprisonrrent f r a term^{less than seven years, and in vieurof the} petitioners' willirgness to^{participatein the investigative croo)ss,the} petitioners a rer ttereby directed^{to appear beforethe SlatiorHouse} Officer (Sil(.)), vlusheerabad^{Police Station,within one w';eklrom the} date of recr:'ipt tf^{a copy of this order. Uponsuch app'lara'lce'the} lnvestigatingr o f cer^{shall issue noticeto the petitionersuader section} 35(3) of tl-re Blrl^S S,^{in connection with CrimeNo.1 21crf 20 25 i' nd shall} proceed frrrtrerr ;trictly in accordance^{with the guidelinesaid lown by} the Hon'b e^Str r-eme^{Court in Amesh Kumar v. State of flihar[(2014)} I SCC 27 31^{5) nrultaneously, the petitioners are directed.o e>rtendfull} cooperation tl the^{lnvestigating Officer during the cc'urse of the} investigatton.

8. Wilh this direction, this Criminal^{Petition is disposed of}

Peld,nl] rniscellaneous applications,^{if any, shall stzn$ closed}

'_.:--\

To,

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1 The XVll th A(jdit cnal Chief Judicial^{Magistrate at HyderabarlCit t'}

2 The Station H:rusa Officer, Musheerabad^{Police Station, Hyoerat ad District'}

3 One CC to l r S;,e)d Waheed Ali, Advocate [OPUC]

4 Two CCs to tht: l)ublic Prosecutor, High Court^{for the State rf Telanganaat} Hyderabad^{O J-'}

Two CD Cooir:s

S lrt/gh $

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HIGH COURT

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DATED: 1810t612025

ORDER

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CRLP.No.62€i6 of 2025

CRIMINAL PE:T'lT|ON lS DISPOSED OF

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