Razwan Shaik vs The State Of Telangana & Anr.

This Criminal Petition has been filed seeking to quash the proceedings in Crime No.920 of 2026 of Narsingi Police Station, Cyberabad District, wherein the petitioner was arrayed as the accused for the offences punishable under Sections 318 (4), 338, 336 (3) and 340 (2) r/w. 3 (5) of Bharatiya Nyaya Sanhita, 2023 (for short 'BNS').

Heard Mr.G.B.S.S.Papa Rao, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent No.1.

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 made in the complaint, the nature of the allegations is purely civil in nature. The petitioner has neither forged nor fabricated any document, as alleged in the complaint. Hence, the ingredients of the offences punishable under Sections 318(4), 338, 336(3), and 340(2) read with Section 3(5) of the BNS are not attracted. Therefore, the continuation of the proceedings against the petitioner is a clear abuse of the process of law. He further submitted that accused No.1 had approached this Court by filing Crl.P.No.8189 of 2026, and this Court, by order dated 19.06.2026, while disposing of the said criminal petition, directed the Investigating Officer to follow the procedure contemplated under Section 41A of the Cr.P.C./Section 35(3) of the BNSS and the guidelines laid down by the Hon'ble Apex Court in Arnesh Kumar Vs. State of Bihar^{11.(2014) 8 SCC 273}. The petitioner is also entitled to the very same benefit, on the ground the very same allegations are levelled against him.

Learned Additional Public Prosecutor has not disputed the order passed by this Court dated 19.06.2026 in respect of accused No.1 in Crl.P.No.8189 of 2026. He further submitted that whether the allegations levelled in the complaint are true or not can be revealed during the course of investigation, especially the investigation is in progress. Therefore, the petitioner is not entitled to seek quashing of the proceedings at the threshold. He further submitted that the petitioner is not cooperating with the investigation.

By way of reply, learned counsel for the petitioner submits that the petitioner will cooperate with the Investigating Officer.

Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that this Court, by order dated 19.06.2026 in Crl.P.No.8189 of 2026, while disposing of the criminal petition filed by accused No. 1, directed the Investigating Officer to follow the procedure contemplated under Section 35(3) of the BNSS, as well as the guidelines laid down by the Hon'ble Apex Court in Arnesh Kumar (supra). Hence, this Court is of the considered view that the petitioner is also entitled to the very same benefit.

In view of the same, the petitioner/accused No.3 is directed to appear before the Investigating Officer on or before 14.08.2026, and on such appearance, the Investigating Officer is directed to issue notice under Section 35(3) of BNSS and follow the guidelines issued by the Apex Court in Arnesh Kumar supra. It is needless to mention that the petitioner/accused No.3 is entitled to put forth his grievance upon receipt of the notice under Section 35(3) of the BNSS and are also entitled to submit the documents, if any, which are in his possession.

Accordingly, the Criminal Petition is disposed of.

Miscellaneous applications, pending if any, shall stand closed.