Latheef, v. The State of Telangana,
Court: High Court for State of Telangana
Bench: J SREENIVAS RAO
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2026-02-25. Latheef, v. The State of Telangana,. Read the judgment and case details on LawSphereX.
Judgment text
-'! " ' _:" -- - \: [ 3303 ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE J SREENIVAS RAO CRIMINAL PETITION NO: 2348 OF 2026 Between Latheef, S/o Usman Khan, Aged about 35 yrs, Occ: Pvt employee, 1 R/o. H. no. 2-5, Suleman Nagar, Rudur Mandal, Nizamabad District. 2. Ghouse Khan,S/o Usman Khan, Aged about 35 yrs, Occ: Pvt employee, R/o H. no. 2-5, Suleman Nagar, Rudur Mandal, Nizamabad District. ... Petitioners/A1,A2 AND 1. The State of Telangana, Rep. by its Public Prosecutor, Having office at High Court, Hyderabad. 2. Vhgmare Narsabai, Wo Dev Rao, Aged about 53 yrs, Occ: Housewife, R/o. Rudrur Village, Nizamabad District. ... ResPondents petition under Section 528 of B. N. S. S praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the entire records relating to FIR No.
15 ol 2026, pending on the file of Learned Additional Junior First ClasJ Magistrate, At Bodhan, registered by P. S. Rudrur, and quash the same in the interest of justice. l. A. NO: 2 OF 2025 petition under Section 528 of B. N. S. S praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may- be pleased to Stay all further proceedings in FIR No. 15 of 2026, pending on the fite of Learned Additional Junior First Class Magistrate, At Bodhan, registered by P. S. Rudrur, pending quash petition in the interest of Justice. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Mohammad Adnan, Advocate for the Petitioner and the Sri Jithender Rao Veeramalla, Additional Public Prosecutor for the State of Telangana on behalf of the Respondent No. 1 and none appeared for Respondent No. 2.
The Court made the following: ORDER IN THE HIGII COT]RT FOR THE, S'I'A'I'B OF TELANGANA AT HYDERAI}AT) ; THB HONOURABLE SRI JUSTICE, J. SREENIVAS RAO CRIMINAL P T N No. 2348 of Date: 25. 02. 2026 Between: Latheef and another Petitioners/Accused Nos. t and2 AND The State of Telangana, represented by its Public Prosecutor, Having office at High Court, Hyderabad and another. ... Respondents Order: This Criminal Petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, (for short 'the BNSSJ by the petitioners/accused Nos. l and 2 seeking to quash the proceedings in FIR No. 15 of 2026 of Rudrur Police station, Nizamabad District, registered for thc offences punishable under Sections 115(2) and 351(2) read wir. h 3(5) of the Bharatiya Nyaya Sanhitha, 2023 (for short 'the BNS) and Section 3(l)(r)(s) of The Scheduled castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'SC ST t OA Act). 2. Heard Mr.
Mohammed Adnan, learned counsel for the petitionefs,*and Mr. Jithender Rao Veeramalla, learned Additional Public Prosecutor, appearing for respondent No. 1. :, :: 3. In spite of service of notice, respondent No. 2 has not chosen to enter €rppearance. 4. Wi'I the consent o[ both the parties, this criminal petition is disposed at the stage of admission. 5. le:rrned counsel for the petitioners submitted that the petitioners have not committed any offences and they have been falsely irnplicated in the present crime. Even according to the allegations made in the complaint, the ingredients of the offences under Sections 115(2) and 351(2) read with 3(5) of BNS and Section 3(1)(r)(s) of SC ST POA Act are not attracted against the petitione rs. The offences leveled against the petitioners are punishable with imprisonment up to seven years.
However, the Investig:rting Officer, without following the mandatory procqdure pfescribed under Section 35(3) of the BNSS, the guidelines issued by the Apex Court in Arnesh Kumar Vs. State of Biharl, the principlr:s laid down by thc l{on'ble Apex Court in Md. Asfak Alam v. The State of Jharkhand & another (Crl. A. No. 22O7 of 2023ll dated 31. 07. 2023, and also the circular issued by this Court in ROC. No. 1399/SO 12023 dated 09. O8. 2O23, is proceeding with the investigation, which is contrary to law. r(2014) 8 scc 273 ::3:: 6- Having considered the rival submissions made by the respective parties and upon perusal of the material available on record, it reveals that the offences revelred against the petitioners are punishable with imprisonment up to seven years.
In view of the same, the Investigating oflicer is directed to scrupulously follow the procedure contemplated under 1ps provisions of the BNSS and the guidelines and principlcs issued by the Hon,ble Apex court in Arnesh Kumar (supra) and Md. Asfak Alolm (supra), and, conclude the investigation. The petitioners are directed to cooperate with the police. It is needless to state that the petitioners are entitled to submit his reply /statement as soon as they rece. ived the notice from the. lnvestigating officer, by raising alt the pleas which are available to them, by enclosing the documents. 7. with the above directions, the criminal Petition is disposed of. Miscellaneous applications, pending if &Dy, shafl stand closed SD'- C. DEEPIKA ANT REGISTRAR \ ,,TRUE COPY/' SECTION OFFICER To, at The Additional Judicial First Class Magistrate 1. Officer' Police Station Rudrur' Nizamabad. 2 The Station House loPucl MOHAMMAD ADNAN Advocate 3.
One CC to SRI-at High Court for the State of Telangana' 4. Two CCs to PUBLIC PROSECUTOR HYderabad [OUTI 5. Two CD CoPies Ba/PSL [- I t i. \ ! I I HIGH COURT DATED: 2510212026 1! -tE s Y (J 1 ORDER ? |I1AR 2il? 6 z ) * CRLP. No. 2348 of 2026 I DISPOSINIG OF THE CRIMINAL PETITION o. *StA o&*
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