Syed Waseem Ullah Hussaini & Ors. vs The State Of Telangana & Anr.

This criminal petition has been filed by the petitioners/accused Nos.1 to 8 seeking to quash the proceedings in F.I.R.No.265 of 2026 of Goshamahal Police Station, Hyderabad, registered for the offences under Sections 118(2), 126(2), 351(2) and 352 read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, 'the BNS').

Heard Mr. K. Jamali, learned counsel representing Mr. Mohd. Yousufuddin, learned counsel for the petitioners, and Mr. Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for respondent No.1 State. With their consent, the criminal petition is being disposed of at the stage of admission.

Learned counsel for the petitioners submitted that the petitioners have not committed any offence and have been falsely implicated in the present crime. The allegations levelled in the complaint are purely civil in nature in respect of Wakf Board property. The petitioners have sustained injuries in the hands of respondent No.2. He further submitted that petitioner No.1 lodged a complaint against respondent No.2 on 23.07.2026. Basing on the said complaint, Crime No.266 of 2026 was registered for the offences under Sections 115(2), 352 and 292 of the BNS. However, at the instance of respondent No.2, the present crime has been registered for the offences under Sections 118(2), 126(2), 351(2) and 352 read with 3(5) of the BNS. Though respondent No.2 has not sustained any grievous injuries, the Investigating Officer implicated the petitioners for the offence under Section 118(2) of the BNS only with an intention to avoid the due procedure as contemplated under the provisions of Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'BNSS') and the guidelines issued by the Apex Court in Arnesh Kumar Vs. State of Bihar^{11.(2014) 8 SCC 273}. Hence, continuation of the proceedings against the petitioners is a clear abuse of the process of law.

Per contra, learned Additional Public Prosecutor submitted that there are specific allegations levelled against the petitioners in the complaint. The said allegations prima facie attract the ingredients of the offences under Sections 118(2), 126(2), 351(2) and 352 read with 3(5) of the BNS. Respondent No.2 has sustained injuries. Hence, Section 118(2) of the BNS is attracted against the petitioners. The statements of LWs.1 and 2 were recorded and the investigation is pending for collection of evidence and medical report. Further, the Investigating Officer had served notice under Section 35(3) of the BNSS to petitioner Nos.1 to 4 and 6/accused Nos.1 to 4 and 6 on 26.07.2026. When the Investigating Officer is trying to serve a notice under Section 35(3) of the BNSS in respect of other petitioners i.e., petitioner Nos.5, 7 and 8/accused Nos.5, 7 and 8, they refused to receive the same. He also placed a copy of the written instructions furnished by the Sub-Inspector of Police, Goshamahal Police Station, dated 07.08.2026.

Learned counsel for the petitioners, by way of reply, submitted that petitioner Nos.1 to 4 and 6/accused Nos.1 to 4 and 6 have not received the notice under Section 35(3) of the BNSS and the petitioners will cooperate with the investigation.

Having considered the rival submissions made by the respective parties and upon perusal of the material available on record including the written instructions furnished by the Sub-Inspector of Police, dated 07.08.2026, it reveals that the Investigating Officer recorded the statements of LWs.1 and 2 and the investigation is under progress. In Column No.6 of the written instructions, it is specifically mentioned that Section 35(3) of the BNSS notice was served to accused Nos.1 to 4 and 6 on 26.07.2026. During the course of hearing, learned counsel for the petitioners has disputed the same.

In view of the same, the petitioners/accused Nos.1 to 8 are directed to appear before the Investigating Officer on or before 18.08.2026, and on such appearance, the Investigating Officer is directed to issue notice to the petitioner Nos.1 to 4 and 6/accused Nos.1 to 4 and 6 on 26.07.2026 under Section 35(3) of the BNSS, if not already issued; and to follow the very same procedure as contemplated under the provisions of the BNSS in respect of petitioner Nos.5, 7 and 8 and also the guidelines issued by the Apex Court in Arnesh Kumar supra.

It is needless to mention that the petitioners are entitled to put forth their 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 their possession.

Subject to the above directions, the Criminal Petition is disposed of.

Miscellaneous applications, pending if any, shall stand closed.