Shaik Jilani 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 2025-12-15. Shaik Jilani v. The State of Telangana. Read the judgment and case details on LawSphereX.
Judgment text
[ 3303 I IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD IVIONDAY,THE FIFTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE J SREENIVAS RAO CRIMIN PETITION NO: 16717 oF 2025 Between: Shaik Jilani, S/o Shaik Chinna Vali, Age: 32 years, Occupation: Private Employee, R/o-H. No- 24-23-81lA, Nallacheruvu, Guntur, Andhra Pradesh- 522003 Petitioner/Accused No. 1 AND 1. The State of Telangana, rep. by its Public Prosecutor, High Court of Telangana at Hyderabad 2. Shaik Mahaboob Ali, S/o Not Known to Petitioner, Age: Not Known to Petitioner, Occ: Managing Director of Guide One Overs'eas PVT LTD,R/o: Near Bright Concept ffghiSchool, Rangareddy Nagar,lDPL Colony, Bala Nagar, Hyderabad .. Respondents/Defacto Com plai nant Petition under Section 528 ofBNSS 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 FIR No. 29712025, dt- 1411012025, of P. S.
Nampally, Hyderabad District, against the petitioner l. A. NO: 2 OF 2025 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 stay all further proceedings including the arrest of the petitioner/accused in FIR No. 297t2025, dt- 14. 10. 2025, of P. S. Nampally, Hyderabad, District This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Jwala Prasad ,Advocate for the Petitioner and Sri Jithender Rao Veeramalla, the Addiitonal Public Prosecutor on behalf of the Respondent No. 1 and none appeared for the Respondent No. 2 The Court made the following: ORDER n IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE J. SREENTVAS RAO LZ of Date: L5. t2. 2O25 Between: Shaik Jilani ...
Petitioner AND The State of Telangana, Represented by Public Prosecutor, High Court, Hyderabad and another. Respondents ORDER This Criminal Petition is filed seeking to quash the pt'oceedings in crime No. 297 of 2025, on the file of the Nampally Police Station, Hyderabad, wherein the petitioner was arrayed as accused No. 1, for the offences punishable under sections 352, 3s1(2) of the Bharatiya Nyaya Sanhitha,2023. 2- Heard Mr. Jwala Prasad, learned counsel for the petitioner and Mr. Jithender Rao veeramalla, learned Additional Rrblic Prosecutor for respondent No. l-state. l I I I I -i ). r) 3. Learned counsel for'the petitioner submitted that the petitioner has not committed any offence and has been falsely implicated in the present case. The essential ingredients of the offences under Sections 352, 351(2) of the Bharatiya Nyaya Sanhitha, 2023 are not attracted. Thus, the continuation of proceedings against him would be a clear abuse of process of law. 4.
Per contra, learned Additional Public Prosecutor submitted that as the punishment prescribed for the offences alleged against the petitioner is less than seven (07) years, a notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita has been issued to petitioner on 02. L2. 2O25. 5. Having considered the rival submissions made by both the respective parties and upon perusal of the material available on record, it reveals that the offences levelled against the petitioner are punishable with imprisonment of less than seven years. Even according to the learned Additional Public Prosecutor, the bl* :3 Investigating officer has already issued notice under Section 35(3) of the BNSS to the petitioner on 02. t2. 2025. 6. In view of the sarrre, the petitioner is entitled to submit his reply to the notice by enclosing all relevant documents. The Investigating oflicer is further directed to scrupulously follow the procedure contemplated und.
er section 35(3) of the BNSS and the guidelines issued by the Honble Apex Court in Arnesh Kumar Vs. Stafu of Bihaf and conclude the investigation. 7 - with the above said direction, this criminal petition iF disposed of. Miscellaneous applications, pending if any, shall stand closed. SD/. B. REKHA RANI ASSISTANT REGISTRAR G /TRUE COPY// SECTION OFFICER To, 1. The Xll Additional Chief Judicial Magistrate, at Nampally. 2. The station House officer, Nampally porice station, Hyderabad. 3. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad. (OUT) 4. One CC to Sri Jwala prasad, Advocate tOpUCI 5. Two CD Copies -)x4 ei HIGH COURT DATED: 1 51121202s 1HE S T4 f--; 7 C) 2 1 I JAN 2026 * . t ORDER CRLP. No,16717 ot 2025 DISPOSING OF THE CRIMINAL PETITION z/fza
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