Mujamil Kha @ Mujamil Vahabkha Kureshi vs The State Of Telangana & Anr.

This Criminal Petition has been filed by the petitioner/accused No.2 seeking to quash the proceedings in Crime No.257 of 2025 of Wankidi Police Station, Kumurambheem Asifabad District, for the offences punishable under Section 132 of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS'), Section 11 of the Prevention of Cruelty to Animals Act, 1960 (for short 'PCA Act') and Section 5 of the Telangana Prohibition of Cow Slaughter and Animal Preservation (Amendment) Act, 1977 (for short 'TPCSAPA').

Heard Mr.P.Ramulu, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondents.

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 crime. Even according to the allegations levelled in the complaint the ingredients of Section 132 of the BNS, Section 11 of the PCA Act and Section 5 of the TPCSAPA are not attracted against the petitioner. He further submitted that the entire allegations are levelled against other accused only. 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 Section 132 of the BNS, Section 11 of the PCA Act and Section 5 of the TPCSAPA. 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. However, since the offences alleged against the petitioner are punishable with imprisonment of less than seven years, the Investigating Officer intends to follow the procedure contemplated under Section 35(3) of the BNSS and the guidelines laid down by the Hon'ble Apex Court in Arnesh Kumar (supra). However, the petitioner is avoiding receipt of notice under Section 35(3) of the BNSS and is not cooperating with the investigation.

By way of reply, learned counsel for the petitioner submitted that petitioner will cooperate with the investigation, and submit his reply/explanation along with relevant documents. He further submitted that the Investigating Officer may be directed to follow the due procedure as contemplated under the provisions of the BNSS.

Having considered the rival submissions made by the respective parties and upon perusal of the material available on record, it reveals that the offences levelled against petitioner are punishable with imprisonment of less than seven years. Even according to the learned Additional Public Prosecutor, the Investigating Officer will follow the procedure contemplated under Section 35(3) of the BNSS and also the guidelines formulated by the Apex Court in Arnesh Kumar (supra).

In view of the above, petitioner is directed to appear before the Investigating Officer on or before 23.08.2026 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.