Jahangeer @ Mohammed Naseer uddin v. The State of Telangana,

Court: High Court for State of Telangana

Bench: J SREENIVAS RAO

Judgment date: 2026-04-28

Case summary

High Court for State of Telangana judgment dated 2026-04-28. Jahangeer @ Mohammed Naseer uddin v. The State of Telangana,. Read the judgment and case...

Judgment text

[ ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE J SREENIVAS RAO CRIMINAL PETITI ON NO: 5663 OF 2026 Between: Jahangeer @ Mohammed Naseer uddin, S/o Mohammed Basheer uddin, aged 56 years, Occ. Mouzzan, Rio H. No. 19-2-21111t11/1 pather, , Kala Hyderabaci ... PETITIONER/ACCUSED No. 7 AND 1 The State of Telangana, Rep. by its Public Prosecutor, High Court for the State of Telangana at Hyderabad. 2 XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX ... RESPONDENTS/COMPLAINANT Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,lhe High Court may be pleased to quash the proceedings against the petitioner/A7 in F. l. R. No. 291 of 2O% on the file of P. S. Rajendranagar, Hyderabad. LA.

NO: 2OF 2026 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 arrest of the petitioner in F. l. R. No. 291 oi 2O% on the file of P. S. Rajendranagar, Hyderabad. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminar Petition and upon hearing the arguments of sri ltilohammed Nayeemuddin, Advocate petitioner for the and the Mr. Jithender Rao Veeramalla. Additional Public Prosecutor on behalf of the Respondent No.. l . The Court made the following: ORDER ---7 IN THE HIGII COURT FOR THE STATE OF TELANGANA ATHYDERABA-D THE HONOURABLE SRT JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No. 5663 of2026 Date 28. 04. 2026 Between: Jahangeer Mohammed @ Naseeruddin ... Petitioner AND The State of Telangana and another ... Respondents ORDER This Criminal Petition has been filed seeking to quash the proceedings in F. I. R.

No. 29l of 2026 of Rajendranagar, Hyderabad, wherein the petitioner was arrayed as accused No. 7 for the offences punishable under Sections 69 and 318(4) of the Bharatiya Nyaya Sanhita, 2023 (for shorr'BNS') and Sections 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, l9g9 (for short'SC and ST (POA) Act). 2. Heard Mr. Mohammed Nayeemuddin, leamed counsel for the petitioner and Mr. Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent No. l . 3. With the consent of both the leamed counsel, the criminal petition is disposed of at the stage of admission. 4 Leamed Additional public prosecutor submitted that, pursuant to the order d,ated 16. 04. 2026, the concerned officer intimated the victim about the filing of the criminal petition and the listing of the matter on 27 . 04. 2026. In spite of the said intimation, respondent No. 2 has not chosen to enter appearance. 5.

Learned counsel for the petitioner submitted that the petitioner has not commifted the alleged offence and has been falsely implicated in the present crime only on the ground that the petitioner discharged his duties as a Kazi in performing the marriage of the victim and accused No. l. The said allegations do not fall within Section 3lg(4) of the BNS, hence, the ingredients of the said offence are not attracted against the petitioner. The petitioner never abused the victim in the name of her caste, and the ingredients of Section 69 of the BNS are not atfracted against the petitioner. The said allegations are only against accused No. l. He further submitted that the offences under Section 318(4) of the BNS and Section 3(2)(v) of the SC and ST (POA) Act are punishable with imprisonment of less than seven years. The Investigating officer, without following the mandatory procedure prescribed under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for .

BNSS,) short and without following the guidelines formulited by the Hon,ble Supreme Court in Arnesh Kumar Vs. State of Bihart, is proceeding further in the matter and the same is contrary to law. 6. Per contra, the leamed Additional public prosecutor submitted that there are specific allegations against the petitioner to attract the aforesaid offences. However, the offences levelled against the petitioners are punishable with imprisonment of less than seven years. The Investigating Officer will follow the procedure as contemplated under Section 35(3) ofthe BNSS. 7. By way of reply, learned counsel for the petitioner submitted that the petitioner wilr appear before the Investigating oflicer on or before 09. 05. 2026, cooperate with the investigation, and submit their reply/explanation along with rerevant documents. He further submitted that the Investigating oflicer may be directed to follow the due procedure as contemplated under the provisions of the BNSS. 8.

Having considered the rival submissions made by the respective parties and after 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 rlzor+y s scc zz: Investigating Ofhcer intends to follow the procedure as contemplated under Section 35(3) ofthe BNSS. 9. In view of the same, the petitioner/accused No. 7 is directed to appear before the Investigating Officer, on or before 09. 05. 2026 and on such appearance, the Investigating Ofhcer is entitled to issue notice under Section 35(3) of the BNSS. The petitioner is entitled to submit reply/explanation along with the documents, which are available with him to the Investigating Olficer.

The Investigating Offrcer is entitled to strictly follow the procedure as contemplated under the provisions of the BNSS, as well as the guidelines formulated by the Hon'ble Apex Court in Arnesh Kumar (supra). 10. Accordingly, the Criminal petition is disposed of. Miscellaneous applications, pending if any, shall stand closed. SD/. C DEEPIKA ASSISTANT REGISTRAR //TRUE COPYII SECTION OFFICER To, 1 The Station House Officer, Rajendranagar Police Station, Hyderabad. 2 Trvo CCs to the Public Prosecutor, High Court for the State of Telangana, at Hyderabad (OUT) 3. One CC to Sri. Mohammed Nayeemuddin, Advocate [OPUC] 4. Trayo CD Copies DL s HIGH COURT DATED: 2810412026 . -) j- ,_t :-i. ^ :1 '. . - -: -- "; L \, ,4. -.. ri(. ,",/ l ! . -' . : ;,) ii 0 4 il|] -, .. -i ,. . \ ,. \ -)' . .! '_'/' --a,' ORDER CRLP. No. 5663 of 2026 DISPOSING OF THE CRIMINAL PETITION el sf

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