Shaik Mohammed alias Mohammed Bawazer, v. 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 2026-04-17. Shaik Mohammed alias Mohammed Bawazer, v. State of Telangana,. Read the judgment and case...
Judgment text
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE J SREENIVAS RAO CRIMINAL PETITION NO: 5866 OF 2026 Between: Shaik Mohammed @ Mohammed Bawazer,, S/o Shaik Salam Bawazer, Aged about 36 years, Occ. Advocate, Rl/o H. No. 18-10-352, Chandrayangutta, Hyderabad, Telangana. ... Petitioner/Sole Accused AND 1. State of Telangana,, Rep. by Public Prosecutor, High Court for the State of Telangana, Hyderabad. 2. Ali Dayani,, S/o Ahmed Dayani, Aged about 56 yrs, Occ. Business, R/o H. no. 4-124, Errakunta, Balapur, RR District. ... Respondent-2/Complainants 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 call for the records relating to F. l. R. No. 168 ot 2026, on the file of Leamed I Addl. Junior Civil Judge Cum Additional Judicial.
1st Class Magistrate, LB Nagar, RR District, and quash the same, in the interests of justice l. A. 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 in F. l. R. No. 168 of 2026, on the file of Leamed I Addl. Junior Civil Judge Cum Additional Judicial. 1st Class Magistrate, LB Nagar, RR District, pending quash petition, in the interests of justice. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Mr MOHAMMAD ADNAN, Advocate for the Petitioner and Mr. JITHENDER RAO VEERAMALLA, the Additional Public Prosecutor on behalf of Respondent No. 1 . The Court made the following: OROER w IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No. 5866 of 2026 Date:17. 04.
2026 Between: Shaik Mohammed Mohammed @) Bawazer Petitioner AND State of Telangana and another. Respondents Order: This Criminal Petition has bcen filed seeking to quash the proceedings in F. L R. No. 168 of 2026 of Balapur Policc Station, registered for the offences punishablc under Sections l 18(1), 352 and 351(2) of the Bharatiya Nyaya Sanhith,t,2023 (tor short'BNS'). 2. Heard Mr. Mohammad Adnan, Iearned counsel ior the petitioner, and Mr. Jithender Rao Veeramalla, learned Additional pubtic Prosecutor, appearing for rcspondent No. l. With their consent, the criminal petirion is drsposed of at the admission stage. 3. Learned counsel for thc petitioner seeks permission to withdraw ground No. S in Memorandum of grounds. Accordingly, ground No. 5 is deleted. 4. Learned counscl for the petitioner submittecl that the petitioner has not committed any offences and he has been lalsely implicated in the present crime.
Even according to the allegations made in the complaint, the ingredients of the offences under Sections 1 l8(l), 352 and 351(2) of the BNS, are not attracted against the petitioner on the ground that the petitioner has not used any weapon. He further submitted that the offences levelled against the petitioner are punishable with imprisonment ol less than seven years- However, the Investigating Officer, without following the mandatory procedure prescribed under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (tor short, 'BNSS') and the guidelines issued by the Apex Court in Arnesh Kumar Vs. State of Biharl, is proceeding with the investigation and the same is contrary to law. 5. Learned Additional Public Prosecutor submitted that the investigation is under progress and the Investigating officer has already served notice under Section 35(3) of the BNSS to the petitioner on 06. 04.
2026 and the petitioner without submitting any reply to the said notice firled the present criminal petition. 6. I-earned counsel for the petitioner by way of reply submitted that the petitioner has not yet received the notice under section 35(3) of the BNSS till date; however, he will appear before the Investigating Officer and receive the notice. 7 . Having considered the rival submissions made by the respective parties and after perusal of the material availabte on record, it reveals 14) 8 SCC 273 '(2O w that the oflences levelled against the petitioner are punishable with imprisonment o[ less than seven years. Even according to the learned Additional Public Prosecutor, the tnvestigating Ofhcer has already issued notice under Section 35(3) ol the BNSS to the petitioner on 06. 04. 2026 and the same is disputed by the learned counsel for the petitioner. In view ol the same, the petitioner is directed to appear before the Investigating Officer on or beforc 30. O4.
2026 and on such appearance, the Investigating Officer is d irccted to follow the due procedure as prescribed under the provisions of the BNSS and the guidelines issued by the Hon'ble Apex Court in Arnesh Kumar (supra), if not already served the notice. [t is needless to mention that the petitioner is entrtlcd to put forth his gricvance before the Investigating Ofhccr and he is als,r entitled to submit the documents, which are in his custody. 8. With the above directions, the Criminal Petition is disposed of. Miscellaneous applications, pending if any, shall stand closed. SD/- A. H. S. GOWRI SHANKAR ASSISTANT REGTSTRAR //TRUE COPY// SECTION OFFlCER To, 1. The I Addl. Junior Civil Judge Cum Additional Judicial. 1't Class Magistrate, LB Nagar, RR Diskict 2. The Station House Officer, Balapur Police Station, Hyderabad. 3 One CC to Mr. MOHAMMAD ADNAN Advocate IOPUC] 4. Two CCs to PUBLIC PROSECUTOR High Court for the State of Telangana, at Hyderabad [OUT] 5.
Two CD Copies M --BttI HIGH COURT DATED: 1710412026 l . ::----: . i:-\ g" i L;,a :',1 . - . '. ' ii. ^ . s i;, ORDER s\ ;. i \ +'"1 CRLP. No. 5866 of 2O26 \' ,1 ,. j \ --" o8? " \ ;'-/i)itt *. Y. -". ' -:-. : -=*'- The Criminal Petition is Disposed of 7L t1
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