Syed Kamran Shahbaaz @ Syed Gulam Mohammed Kamran Vs The State of Telangana

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132571

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IN THE HIGH COURT^{FORTHE STATEOF TELANGANA} AT HYDERABAD

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WEDNESDAY, THE NINETEENTH^{DAY OF FEBRUARY} TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HON'BLE SMT. JUSTICE JUWADI SRIOEVI

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CRIMINA L PETITION No: 723 ot 2025

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Between:

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1 Sved Kamran Shahbaaz @ Sved Gulam^{MohammedKamran, S/o.Late.} Sied Abdul Saleem, Aged-abolt^{33 years, Occ. Business,Rl/o. H.No.10-2-} 5i204, A.c., Guards, Hyderabad,^Telangana-

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2 Mohammed Nayeem, S/o- Mohammed^{Jahangir,Aged about53 years, Occ:} Business, R/o. H. No- 11-6-268,^{DeviBagh, Nampally, Asifnagar, Hyderabad.}

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...Petitioner/A-1 and A-2

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AND

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The State of Telangana, Rep. by^{its PublicProsecutor,HighCourt,} Hyderabad.

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Mohammed Ahsan Hussain Khan,^{S/o.Late. Nawab MohammedMohsin,} Aged about 38^years, Occ: Mutawalli,^{R/o H No.11-2-558151411} ,^Ntman Castle, Aghapura, Hyderabad.

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...Respondents/ Defacto Complainant

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Petition under section 528 of BNSS^{prayingthat in the circumstances stated} in the Memorandum of Grounds of^{Criminal Petition, the High Court may be} pleased to quash the proceedings in crime^{No. 357 of 2024 dated. 05.1 1.2Q24for} ihe offences Under Sections^{378,425,447,506R/w- 34 and 120-bof IPC of} Nampally Police Station, Hyderabad^{againstthe PetitionerslA-1 andA-2-}

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l.A. NO: 2OF 2025

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Petition under section 528 of BNSS^{prayingthat in the circumstances stated} in the Memorandum of Grounds of^{Criminal Petition, the High Court may be} pleased to stay all further^proceedings including^{the arrest of Petitioners/ A-1 and} A-2 in Crime No. 357 ol^{2024 dated. 05.11.2024 for the offences Under Sections} 378, 425, 447, sOG Riw.^{34 and 120-bof IPC of NampallyPoliceStation'} Hyderabad, pending disposal of the^{abovecriminal petition in the interestof justice.}

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ThisPetitioncomingonforhearing,uponperusingtheMemorandumof Grounds of criminal^{Petition and upon hearingthe arguments of Mr. M.A. Mujeeb,} Advocate for the Petitioners^{and the sri Jithender Rao Veeramalla, Additional} Public Prosecutor on^{behalfof the Respondent No.1and None Appeared for the} Respondent No.2.

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The Court made the following:^ORDER

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THE^{HONOURABLESMT'JUSTICE JUWADI SRIDEVI} N No.72^{3 of 2025} CRIM^INALPETITI

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o^RDER:

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This^{Criminal Petition is filed by the petitioners-accused} Nos.1^{and 2 seekingto quash the proceedings againstthem in} FIR^{No.357 ol 2024 of PS Nampally' Hyderabad' registeredfor} under^{Sections 378,425,445, 447,sOGr/w' 34 and} the^offences QT-bof^IPC

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02.^{Heard tVlr'M A't[ujeeb'learnedcounsel for the} petitioners^{and Sri JithenderRaoVeeramalla' learned Additional} Public^{Prosecutor for the State'}

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03.^{Though this petition is filed for} quashing the of arguments, proceedings^{in the crime' during the course} rearned^{counserfor the petitioners has sought for directions to the} Police^{toproceedwith investigationby issuingnotice under} Section^{35(3) of the Bharatiya Nagarik Suraksha Sanhita (for} Section^{41-A of the Code of Criminal} short'BNSS')^(PreviouslY

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Procedure)'

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04^{Learned AdditionalPublic Prosecutor' on} instructions,^{submitted that on 21 '01 '2025 notice under Section} aS^{(S) ANSBilas issued to the petitioners throughWhatsApp'for}

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which, learned counsel for the petitioners submitted that the petitioners did not receive any such notice.

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Considering the submission made by the learned counsel for the petitioners, this Cou( deems it appropriate to direct the petitioners to appear before the lnvestigating Officer on or before 25.02.2025 between 11:00 a.m. and 0.1 :00 p.m. and in turn, the lnvestigating Officer is directed to follow the procedure laid down under Section 35 (3) of the Bharatiya Nagarik Suraksha Sanhita (for short 'BNSS,) (previously section 41_A of Ciiminal Procedure Code) and also the guidelines formulated by the Hon'ble Supreme Court of lndia in Arnesh Kumar v. State of Brha/ scrupulously. However, the petitioners shall submit their defense and co-operate with the Investigating Officer as and when required by furnishing information and produce all relevant documents/material required for the purpose of the investigation and the lnvestigating Officer shall consider the same before filing appropriate report before the learned Magistrate concerned.

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06 With the above directions, this Criminal petition is

disposed of

' 1zou1^{8 scc ztt}

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As a sequel, miscellaneous petitions pending, if any, shall

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stand closed.

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Sd/. A. SREENIVASA^REDDY ASSISTANT REGISTRAR

//TRUE COPY//

S TION OFFICER

To,

1 The Xll Additional Chief^{Judicial Magistrate at Nampally'} 2 The Station House^{Officer, Nampally Police Station, Hyderabad District} TwoCCstothePublicProsecutor,HighCourtfortheStateofTelanganaat Hyderabad. IOUT]

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