Disposed

Abdul Ahmed Khan v. The State of Telangana

Telangana HC9 Sept 2026CRLP/14640/2026

Case brief

AI extract

What is this about?

This order disposes of a criminal petition filed under Section 528 of BNSS seeking quashment of proceedings in a cognizable offence punishable with lesser than 7 years imprisonment. The court directed the petitioners to appear before the investigating officer to facilitate the issuance of a Section 35(3) notice, noting that the investigation was still under progress.

What did the court decide?

Petitioners directed to appear before Investigating Officer to receive notice under Section 35(3) of BNSS so that mandatory procedure can be followed.

Abdul Ahmed Khan Vs The State of Telangana — Bail and Remand | Telangana HC (2026)

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[³³⁰³ ]

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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WEDNESDAY, THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY SIX

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PRESENT

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THE HONOURABLE SRIJUSTICE J SREENIVAS RAO

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CRIMINAL PETITION NO: 14640 0F 2026

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Between:

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1 Abdul Ahmed Khan, S/o Abdul Hameed aged about 54 years Occ RTC Driver R/o_HNo2-14 Ahmed Nagar Back Side of Zeeshan Funciion Hall Sirpur (T) KB Asifabad District

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2 Abdul Hameed, So Abdul Ahmed Khan aged about 1g years Occ Student R/o !U9!-taAhmed^{Nagar Back Side of Zeeshan Function Hail Sirpur (T) KB} Asifabad District

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AND

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...PETITIONERS/ACCUSED No. 1 & 2

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1 The state of relangana, represented by public prosecutor High court for the State of Telangana High Court Building Hyderabad

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...RESPONDENT No. 1/COMpLAtNANT

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Mr. Rajab Ali Sheikh, S/o lshaq Ali aged about 40 years Occ RMp Doctor R/o HNo2-73 Near Bus Stand Sirpur (T) KB Asifabad District

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...RESPONDENT No. 2/DEFACTO COMPLATNANT

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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 in crime No179 of 2026 dated 31-oa-2o26 of ps sirpur (T) against the Petitioner/Accused.

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l.A. NO: 2 OF 2026

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Petition under section 528 of BNSS praying that rn the circumstances stated in the Memorandum of Grounds of crimrnal^petition, the High court may be pleased to stay all further proceedings including the arrest of the petitioner/Accused in connection with the FIR in crime No179 of 2026 of ps sirpur (T) during the pendency of the quash petition.

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This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Md. Ajmal Ahmed, Advocate for the Petitioners, Sri Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Respondent No. 1 and none appeared for the Respondent No. 2.

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The Court made the following: ORDER

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INTHE HIGH COURT^{FOR THE STATE OF TELANGANA} AT HYDERABAI)

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THE HONOTIRABLE^{SRI JUSTICE J.SREENIVAS RAO}

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CRIMINAL^{PETITION No.14640of2026} CNR No. HBHCOl^0614972026

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Date:09 .09.2026

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Between:

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Abdul Ahmed Khan^{and another}

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...Petitioners/accused

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Nos.l and 2

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AND

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The State of Telangana^{and another}

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...Respondents/De-facto^Complainant

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ORDER

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This Criminal^{Petition has been filed bythe}

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petitioners/accused^{Nos.l and 2 seeking to quashthe proceedings} in Crime No.179^{of2026 ofSirpur-T Police Station'} KumarambheemAsifabadDistrict,fortheoffencespunishable under Sections 296(b),^{126(2), 115(2), 351(3) r/w 3(5) of the} Bharatiya Nyaya Sanhitha,^{2023(for short, "BNS")'}

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Heard Mr. Md. Ajmal^{Ahmed, leamedcounselfor the}

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petitioners and^{Mr.Jithender Rao Veeramalla, learned Additional}

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Public Prosecutor^{for respondentNo' 1.}

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With their consent, the criminal^{petition is disposed of at the}

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stage o1'admission

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Leamed counsel for the petitioners submitted^{that the} petitioners have not committed the alleged offences^{and have been} falsell implicated in the^{presentcrime. Evenaccording to the} allegations leveled in the complaint,^{the ingredientsfor the offence} under Sections 296(b), 126(2),115(2),^{351(3) r/w 3(5) oftheBNS} are no attracted. Ile further submitted^{that the petitionersdid not} abuse or het nor threaten the de-facto complainant.^{The above said} allegations were made only with an^{intention to implicate the} petitioners in the present crime with an oblique^{motive and by} making f'alse allegations only with an intention to^{harass the} petitioners in one way or the other. I{e further submitted^{that the} Petitioner No.1 is a RTC driver,^{petitioner No.2 is prosecuting} education and thc offences levelled^against the^{petitionersare} punishable u'ith imprisonment of less than seven years. He^further submitted that the Investigating Officer,^{u'ithout followingthe} mandatory procedure prescribed under^{Section 35(3) of the} Bharatiya Nagarik Suraksha Sanhita,, 2023 (for short 'BNSS') and without lbllow,ing the guidelines formulated by the Hon,ble

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1S Supreme Court^{inArnesh KumarVs- Stale of Bihart,} proceeding further^{in the matterand the sameis contraryto law'}

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Per contra,^{leamedAdditional Public Prosecutor for} respondent No.1^{submits that thereare specific allegations levelled} in the complaint.^{The said allegations prima facie disclosethe} cognizable offence'^{The InvestigatingOfficer recorded the} statements of LWl^{to LW4 and the investigationis underprogress.} Whether the allegations^{leveled in the complaintare true or not the} same has to be^{revealed during the course of investigation} especially the^{investigationis underprogress'The petitionersare} not entitled to seek^{quashmentof the proceedings against themat} this stage.^{However, since the offence alleged against the} petitioner are^{punishable with imprisonment of less than seven} years, the Investigating^{Ofhcer intends to follow the procedure} contemplated^{under Section 35(3)of the BNSSand the guidelines} laid down by^{the Hon'bleApex Court in ArneshKumar (supra)'} However, the^{petitioners are avoiding receiptof notice under} Section 35(3)^{of the BNSS and are not cooperating with the}

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r(2014) E scc 273

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investigation from the date of registration^{of the crime i.e.,} 31 08.2026.

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By way of reply, leamed^{counsel for the petitioners} submitted that the petitioners^{will cooperate with the investigation} He further submitted^{that the InvestigatingOfficelrnay be directed} to lollow thc due^{procedureas contemplated underthe provisions} of the BNSS

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Having considered the rival^{submissionsrnade by the} respective panies and upon^{perusal of the material available on} record, it reveals thal^{the Investigating Officer has recorded the} stalements of I-Wl to^{I-W4 and the investigationis still under} progress. Iiven according to^{the medical certificate received from} the concemed hospital, it^{reveals that the victim sustained a simple} injury and are not haring^{any criminal antecedents. The record} further discloses that the ol'fences^{levelledagainstthe petitioners} are punishable with imprisonment^{for a term of less than seven} I'ears. Ilven^{according to the learnedAdditionalPublicProsecutor,} the lnvestigating Ollicer^{will followthe procedure contemplated} under Section 3513) ol the BNSS and also the guidelines formulated b1.'the Apex Court in Arnesh Kumar (supra).

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Taking into consideration the peculiar facts and

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circumstances of the case, the petitioners are directed to appear before the Investigating Officer on or before 21.09.2026. On such appearance, the Investigating Officer is directed to serve notice under Section 35(3) of the BNSS upon petitioner Nos.2 and 3 and follow the procedure contemplated under Section 35(3) of the BNSS, as well as the guidelines issued by the Apex Court in Arnesh Kumar (supra). It is needless to mention that the petitioners are entitled to put forth their grievance, if any, upon receipt of notice under Section 35(3) of the BNSS, and produce all documents available with them before the Investigating Officer. The petitioners shall also cooperate with the investigation.

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9. Accordingly, the Criminal Petition is disposed of.

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Miscellaneous applications, pending if any, shall stand

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closed.

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SD/. AHMEo ABDULLAH KHAN ASSISTANT REGISTRAR //TRUE COPYII G SECTION OFFICER

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To,

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The Station House Officer, Sirpur Police Station, Kumrambheem Asifabad District

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Two CCs to Public Prosecutor, High Court for the State of Telangana, at Hyderabad [OUT]

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One CC to Sri Md. Ajmal Ahmed, Advocate IOPUC]

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4, Two CD Copies

HIGH COURT

DATED: 09/09/2026

ORDER

CRLP.No.14640 ot 2026

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DISPOSING OF THE

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CRIMINAL PETITION

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Abdul Ahmed Khan v. The State of Telangana

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Abdul Ahmed Khan v. The State of Telangana

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