Masood @ Masnath Ali Khan v. The State of Telangana
Court: High Court for State of Telangana
Bench: TIRUMALA DEVI EADA
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2025-12-30. Masood @ Masnath Ali Khan v. The State of Telangana. Read the judgment and case details on...
Judgment text
134441 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE THIRTIETH DAY OF DECEI\,BER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION NO: 17890 OF 2025 Between: 1 Masood Masnath Ali Khan, S/o. Shahed Ali Khan, Aged about years, @ 38 Occ: Agriculture, R/o. H. No. 4-2 Kattepally Village, Bejjur Mindal, Kumurambheem Asifabad District. 2 Jisan Zeeshad @ Ali Khan, S/o. Shahed Ali Khan, Aged about 35 years, Occ: Agriculture, R/o. H. No. 5-92 Kattepally Village, Bejjur Mandal, Kumurambheem Asifabad District. J Sonu @ Arbaz Khan, S/o. Shahed Ali Khan, Aged about 28 years, Occ: Upa- Sarpanch Kattepally GP, R/o. H. No. 4-2 Kattepally Village, Bejjur Mandal, Kumurambheem Asifabad District. 4 Salman, S/o. Shahed Ali Khan, Aged about 30 years, Occ: Agriculture, R/o. H. No. 4-2 Kattepally Village, Bejjur Mandal, Kumurambheem Asifabad District. ... Petitioner/Accused No. 1 to 4 AND The State of Telangana, through S. H. O.
, Bejjur Police Station, K. B. Asifabad District, Rep. by its Public Prosecutor, High Court for the State of Telangana, at Hyderabad. . Respondent 2. Bhujanga flao Manepalli, S/o. Pullaiah, Aged about 47 years, Occ: Agriculture, Rio. Kattepally Village, Bejjur lvlandal, Kumurambheem Asifabad District. 504300 .. RespondenUDefacto Complainant 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 records relating to in FIR/ C. r. No. 137 of 2025 On the file of Police Station, Bejjur K. B. Asifabad District, and Quash the same. t I. A. NO: 1OF 2025 Petition under Section 528 of B. N. S. S. praying that in he circumstances stated in the Memorandum of Grounds of Criminal petition, tf ) High Court may be pleased to Stay all further proceedings in FlRi C. r. No. 137 f 2025 On the file of Police Station, Bejjur K. B.
Asifabad District, pending disp rsal of the above Criminal Petition. This Petition coming on for hearing, upon perusing fl-r Memorandum of Grounds of Criminal Petition and upon hearing the argumer s of Sri Rudresh Deshpande ,Advocate for the Petitioner and Sri Jithender R;: r Veeramalla, the Additional Public Prosecutor on behalf of the Respondent No. 1 The Court made the following: ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE SMT. JUSTICE TIRUMALA DEVIEADA CRIMINAL PETITION N 0. 17890 of 2025 Dale:30. 12. 2025 Between: Masood Masnath Ali @ Khan and three others . . . Petitioners/accused Nos. 1 to 4 AND The State of Telangana, through S. H. O. , Bejjur Police Station, K. B. Asifabad District, Represented by its Public Prosecutor, High Court for the State of Telangana, at Hyderabad and another ..
Respondents ORDER This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') seeking to quash the proceedings against the petitioners/accused Nos. 1 to 4 in FlR. No. 137 of 2025, on the file of Police Station, Bejjur K. B. Asifabad District, registered for the offence punishable under Sections 115(2), 126(2),296(b), 351(2) rlw. 3(5) of Bharatiya Nyaya / \/ I'- Crlp_l7890 2025 Sanhita, 2023 (for short 'BNS') and Sections 3 2)(va) of The Scheduled Castes And The Scheduled Tribes Prevention Of Atrocities)Act, 1989 (for short'SC ST POA Act') 2. Heard Sri Rudresh Deshpande, learned : runsel for the petitioners/accused Nos. 1 to 4 as well as Sri Jithender Rao Veeramalla, the learned Additional Public Proseculc r appearing for the respondent No. 1 -State. 3.
Learned counsel for the petitioners havr: restricted his rolice submission stating that a direction be issued to the to follow the procedure prescribed under Section 35 (3) of Bt aratiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') 4. On the other hand, the learned Additional Pt blic Prosecutor submitted that the punishment prescribed for the : fences alleged against the petitioners is less than seven (07) years rnd has sought for directions to the Police to proceed with investigli tion by issuing notice under Section 35(3) of Bharatiya Nagarik Su aksha Sanhita, 2023 (for short 'BNSS'). 5. Perused the record. The allegations leve I rd against the petitioners pertain to the offence under Sections I 15(2), 126(2), \ Ctlp_17 890 _2025 296(b), 351(2) rlw. 3(S) of BNS and Sections 3(2)(va) of SC ST pOA Act, which attracts punishment of less than seven years. Hence, without going \ into the merits of the case, this Court deems it , appropriate to direct the petitioners/accused Nos..
l to 4 to appear t before the lnvestigating Officer on or. before 27. 01 . 2026 between 1'l :00 a. m. and 05:00 p. m. and in turn, the lnvestigating Officer is directed to follow the procedure laid down under Section 35 (3) of the BNSS (previously section 41-A procedure of Criminal Code, '1 973) and also the guidelines formulated by the Hon,ble Supreme Court of lndia in Arnesh Kumar v. Sfafe of Biharl scrupulously. However, the petitioners/accused Nos. 1 to 4 shall submit his defense and co-operate with the lnvestigating Officer as and when required by furnishing information and producing all relevant documents/material required for the purpose of investigation and the lnvestigating Officer shall consider the same and complete. the investigation strictly in accordance with law. 6 Accordingly the Criminal Petition is disposed of. (2014) ' 8 scc 273 ! - \-: CrIp_17890-025 7.
As a sequel, miscellaneous petitions, pendi rg if any, shall stand closed ( D/- V,HARI PRASAD t EPUTY REGISTRAR //TRUE COPY// \ I \FECT|oN oFF|CER 't To, 1 The Judiciat First CIass Magistrate at Sirpur-T 2 The Station House Officer, Beljur police 1 btation, Kumurir rbheem Asifabad. Two CCs to the publi c Prosecutor. High Court for the Sta e of Telangana at Hyderabad. (OUT) 4 to Sri Rudresh Deshpande, Advocate 9n" 99 IOPUC] Two CD Copies Sa/PSL \ HIGH COURT DATED:3011212025 I r,tr u T4 I ) lr 11, 03 r 202[ .? * J. ORDER -t \) Pf^ \' -? i/ -:>' CRLP. No. 17890 ot 2025 DISPOSING OF THE CRIMINAL PETITIOI,I , ET 3ll
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