Mohammed Rayeed @ Rayees Vs The State of Telangana — Telangana HC (2025) — LawSathi Research

Mohammed Rayeed @ Rayees Vs The State of Telangana — Telangana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Criminal Petition disposed of with directions: petitioners to appear before the SHO, Bandlaguda Police Station within one week of receipt of the order; upon appearance, the Investigating Officer to issue notice under Section 35(3) BNSS in connection with Crime No.155 of 2025 and proceed strictly per Arnesh Kumar v. State of Bihar guidelines; petitioners to extend full cooperation during investigation; pending miscellaneous applications, if any, to stand closed.

Issue for consideration

Whether the proceedings in Crime No.155 of 2025 of Bandlaguda Police Station, Hyderabad District, against the petitioners (arrayed as accused Nos.1 and 2) ought to be quashed under Section 528 BNSS. +1 more

Court's answer

The Criminal Petition seeking quashment was disposed of with the above directions (no quashment of the FIR was ordered), and pending miscellaneous applications, if any, were directed to stand closed.

Ratio / Principle

Considering that the alleged offences are punishable with imprisonment for a term less than seven years, and in view of the petitioners' willingness to participate in the investigative process, the petitioners were directed to appear before the Station House Officer (SHO), Bandlaguda 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.155 of 2025 and shall proceed further strictly in accordance with the guidelines laid down by the Supreme Court in Arnesh Kumar v. State of Bihar.ratio¶33
Simultaneously, the petitioners were directed to extend full cooperation to the Investigating Officer during the course of the investigation.ratio¶37

Detailed headnote1 paragraphs

Criminal Petition under S. 528 BNSS for quashment of proceedings in Crime No.155 of 2025 (Ss. 329(3), 324(4) r/w 3(5) BNS), P.S. Bandlaguda, Hyderabad: alleged offences punishable with imprisonment for a term less than seven years and petitioners willing to cooperate with investigation; petition disposed of directing petitioners to appear before the SHO within one week, whereupon the Investigating Officer shall issue notice under S. 35(3) BNSS and proceed strictly in accordance with Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273; petitioners to cooperate with the investigation.

13217 |

IN THE HIGH COURT FOR TI{E STATE OF TELANGANA AT HYDERABAD

FRIDAY, THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE N.TUKARAMJI

CRII{IINAL PETITION NO:8189 OF 2025

Between:

Moharnmed Rayeed @ Rayees, S/o Moharnmed Afzal Aged about 36^years Occ. Business, R/o Plot t{o 673, Gousenagar,Chandryangutta, Bandlaguda

Mohammecj Jhangir Hussain @ Jhangir, 9o Mohd Mahaboob Hussain,Aged about 41 years, Occ. Business No 1944-279/a,ns Kunta, Jahanuma, Charminar, Hyderabad, Telangana.

Ali Ahmed Khan, S/o Mohammed Rafeeq Ahmed Khan, Aged about 27^Years, Occ. Business, R/o H.No. H.No..16-3-il0/E, Chanchalguda Hyderabad.

...Petitioner/Proposed Accused

AND

'l . The State of Telangana, Rep. by the Public Prosecutor, High Court at Hyderabad

...RespondenURespondent No. 1

Ali Ahrned Khan. S/o Mohammed Rafeeq Ahmed Khan, Aged about 27^Years, Occ. Business, FVo H.No. H.No. 16-3-540/E, Chanchalguda^Hyderabad,

...Respondent No.2/Complainant

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 proceedirBs against the Petitioners/Proposed Accused¹ and 2 in FIR No.155 of 2O25 dated 2145-2025^{U/s. 329(3)} ,324(4),rtw^{3(5) BNS on} the file of Police Station, Bandlaguda, Hyderabad.

l.A. NO: 2OF 2025

Petition unoer Section 528 of BNSS^praying that in the circumstances stated in the Mernorandum of Grounds of Criminal^{Petition, the High Court maybe} pleased to stay all further proceedings including arrest of the Petitioners/ Proposed Accusec in FIR No.155 of 2025 dated 21-05-2025 U/s. 329(3),324(4),rlw 3(5) BNS on the liie of Police Station, Bandlaguda, Hyderabad.

This Petition coaiing on for hearing,^{upon perusingth': Memorandum of} Grounds of Criminal^Petition and upon^{hearing the argumentsof Sri HABEEB} ABUBAKAR ALHAIT4ED, Advocate for the^{Petitionerand the f)ublicProsecutor} (TG) on behalf of the Respondent No.1 and None appeared^{fcr the Respondent} No.2.

The Court made the follc,wirtg: ORDER

THE HONOURABLE SRI JUSTICE N.TUKARAMJI

CRIMINAL PETITION No.8189 OF 2025

ORDER

This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhi{a, 2023 (tor short 'BNSS, 2023') seeking quashment of the proceedings in Crime No.155 of 2O25 of Bandlaguda Police Station, Hyderabad District, against the petitioners.

The petitioners are arrayed as accused Nos.1 and 2 in Crime No.155 of 2025 registered for the offences under Sections 329(3) and 324(4) rcad with 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short^'BNS, 2023').

Heard Mr. Habeeb Abubakar Alharned, learned counsel for the petitioners and Mr.Jithender Rao Veeramalla, leamed Additional Public Prosecutor appearing for the respondent No.1-State.

Learned counsel for the petitioners respectfully submits that although the petitioners are fully committd to cooperate with the investigative process, they are apprehensi\re of potential coercive action being taken against them. This concern arises from the fact that, despite the alleged offence being punishable with imprisonment for a term less than seven years, the inlestigating police authority has not yet issued any notice under Section 35(3) of the Bharatiya Nagarik

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Suraksha Sanhita,^{2023(BNSS). lt is further submitted thatthe} petitioners have no intention^{of evadingthe investigationand are willing} to extend full^{cooperation to the authorities' ln light of these} circumstances,^{learned counsel prays that appropriate directions be} issued to the^{concerned police officials to proceedin a<;cordancewith} law by issuing a^{notice under Section 35(3) of the ElllSS' thereby} safeguarding^{the petitionersfrom any unwananted coercive measures'}

Learned Additional^{Public Prosecutor opposedth€' petition'}

I have^{perusedthe materialson record}

Considering that^{the alleged offencesarep lnishablewith} imprisonment^{for a term lessthan seven years,and in view of the} petitioners' willingness^{to participatein the investigatire process' the} petitioners are hereby^{directed to appear before the Sitation House} Officer^{(SHO), Bandlaguda Police Station,within onevrreekfrom the} date of receipt^{of a copy of this order. Upon such appearance' the} lnvestigating Officer^{shall issue notice to the petitionen;under Section} 35(3) of the BNSS,^{in connectionwith Crime No'155 of 2125' and shall} proceed further strictly in accordance^{with the guidelinr>s;laid down by} the Hon'ble Supreme^{Court in Arnesh Kumar v' Sfate of Biha/ '}

/ {

I (2014) 8 scc 273

3

Simultaneously, the^petitioners are directed to extend^{full cooperation}

to the lnvestigating Officer during the course of^{the investigation.}

With this direction, this Criminal Petition^ls disposed^of.

Pending miscellaneous applications, if any, shall stand^closed.

SD/- K. BHAVANI SWAMY ASSI TANT REGISTRAR

----\

,/TRUE COPYT/

TION OFFICER

To,

1 . The Chief J u J ici: i Magistrate, Nampally, Hyderabad.

The Station House Officer, Bandlagudi p6lice Station, Hyderabad.

ONC CC tO SRI HABEEB ABUBAKAR ALHAMED, EATiOCitE IOPUCI

Two ccs to rhe Pubric Prosecutor, High court for the state of teliniana at Hyderaba{' rOU--l

I 5. Tr,vo CD C tr,ies I SM/PSL

HIGH COURT

DATED: 041$i'12,(t21i

ORDER

CRLP.No.81E(l el'2025

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DISPOSING OF THE CRIMINAL PETITION

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