Majid Khan vs The State Of Telangana & Anr.

This Criminal Petition has been filed by the petitioner/accused No.3 seeking to quash the proceedings in Crime No.926 of 2025 of Mailardevpally Police Station, Hyderabad, for the offences punishable under Sections 329(3) and 324(4) r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, ‘BNS’).

Heard Mr.Moiz Ahmed, learned counsel representing Mr.Abeda Ayub, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent No.1.

With their consent, the criminal petition is disposed of at the stage of admission.

Learned counsel for the petitioner submitted that the petitioner has not committed the alleged offences and has been falsely implicated in the present case. Even according to the allegations levelled in the complaint the ingredients of Sections 329(3) and 324(4) r/w 3(5) of the BNS are not attracted against the petitioner. He further submitted that the entire allegations are levelled against accused Nos.1 and 2, and the petitioner, along with accused Nos.1 and 2, approached this Court and filed Crl.P.No.9195 of 2026 seeking to quash the proceedings in Crime No.926 of 2025. When the said criminal petition was taken up for consideration on 22.06.2026, based on the submission made by the learned Additional Public Prosecutor, that the Investigating Officer after conducting investigation filed the final report before the learned XII Additional Judicial Magistrate of First Class, Ranga Reddy District at Rajendranagar, on 25.05.2026, and the C.C. number is awaited, the said criminal petition was closed, granting liberty to the petitioners therein to avail the remedies as available under law whenever the cause arises. Thereafter, the petitioner came to know that the Investigating Officer had already filed the final report in respect of accused Nos.1 and 2 only, and the final report has not been filed against the petitioner/accused No.3. Hence, the petitioner filed the present criminal petition. He further submitted that the offences levelled against the petitioner are punishable with imprisonment of less than seven years and the Investigating Officer, without following the mandatory procedure prescribed under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) and without following the guidelines formulated by the Hon’ble Supreme Court in Arnesh Kumar Vs. State of Bihar^{11.(2014) 8 SCC 273}, is proceeding further in the matter and the same is contrary to law.

Per contra, the learned Additional Public Prosecutor submitted that there are specific allegations levelled against the petitioner to attract the ingredients of Sections 329(3) and 324(4) r/w 3(5) of the BNS. Whether the allegations levelled in the complaint are true or not the same has to be revealed during the course of investigation especially the investigation is under progress. The petitioner is not entitled to seek quashment of the proceedings against him at this stage.

Having considered the rival submissions made by the respective parties and upon perusal of the material available on record, it reveals that the Investigating Officer after conducting the investigation filed the final report in respect of accused Nos.1 and 2 before the learned XII Additional Judicial Magistrate of First Class, Ranga Reddy District at Rajendranagar, on 25.05.2026. The offences levelled against the petitioner are punishable with imprisonment for a term of less than seven years. Upon perusal of the final report filed in respect of accused Nos.1 and 2, it reveals that the Investigating Officer had issued notice under Section 35(3) of the BNSS to accused Nos.1 and 2. Hence, this Court is of the considered view that the Investigating Officer ought to have followed the procedure prescribed under Section 35(3) of the BNSS and the guidelines formulated by the Hon'ble Supreme Court in Arnesh Kumar (supra), on the ground that the Investigating Officer followed the very same procedure in respect of accused Nos.1 and 2.

Taking into consideration the peculiar facts and circumstances of the case, the petitioner is directed to appear before the Investigating Officer on or before 18.08.2026 and the Investigating Officer is directed to follow the procedure contemplated under Section 35(3) of the BNSS and follow the guidelines issued by the Apex Court in Arnesh Kumar (supra). It is needless to mention that the petitioner is entitled to put forth his grievance, if any, upon receipt of notice under Section 35(3) of the BNSS, and produce all documents available with him before the Investigating Officer. The petitioner shall also cooperate with the investigation.

Accordingly, the Criminal Petition is disposed of.

Miscellaneous applications, pending if any, shall stand closed.