Mohammed Imran Khan vs The State Of Telangana
2026 Latest Caselaw 504 Tel

Telangana High Court

Mohammed Imran Khan vs The State Of Telangana on 8 April, 2026

 IN THE HIGH COURT FOR THE STATE OF TELANGANA
                 AT HYDERABAD

     THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO

         CRIMINAL PETITION No.5156 of 2026

                     Date: 08.04.2026
Between:

Mohammed Imran Khan


                                               ...Petitioner
                           AND
The State of Telangana,
Represented by its Public Prosecutor,
High Court for the State of Telangana,
Hyderabad and another.
                                           ...Respondents
                         ORDER

This Criminal Petition has been filed seeking to

quash the proceedings in Crime No.298 of 2025 of

Masabtank Police Station, Hyderabad, on the file of the

VI Additional Chief Judicial Magistrate at Nampally,

Hyderabad, wherein the petitioner was arrayed as the sole

accused for the offences punishable under Sections 336(3),

316(2) and 318(2) of the Bharatiya Nyaya Sanhita, 2023

(for short 'BNS').

2. Heard Mr. Hassan Hussain Junaidi, learned counsel

for the petitioner and Mr.Jithender Rao Veeramalla,

learned Additional Public Prosecutor for respondent No.1.

3. With the consent of both counsel, the criminal

petition is disposed of at the admission stage.

4. Learned counsel for the petitioner submitted that the

petitioner has not committed the alleged offence and has

been falsely implicated in the present case. He further

submitted that the allegations levelled against the

petitioner are purely civil in nature. Even according to the

allegations made in the complaint, the ingredients for the

offences under Sections 336(3), 316(2) and 318(2) of BNS

are not attracted against the accused and they are

punishable with imprisonment of less than seven years.

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 1, is

proceeding further in the matter and the same is contrary

to law.

5. Per contra, learned Additional Public Prosecutor

submits that there are specific allegations levelled against

the petitioner under Sections 336(3), 316(2) and 318(2) of

(2014) 8 SCC 273

BNS and the Investigating Officer has already recorded the

statements of LW1 to 3. He further submitted that basing

on the grounds raised by the learned counsel for the

petitioner, the petitioner is not entitled to seek quashing of

the proceedings. However, when the Investigating Officer is

trying to serve notice under Section 35(3) of the BNSS, the

petitioner has not come forward to receive the said notice

and is not co-operating with the investigation. In the event

if the petitioner is going to appear before the Investigating

Officer, the Investigating Officer will strictly follow the due

procedure contemplated under Section 35(3) of the BNSS,

as well as the guidelines formulated by the Hon'ble Apex

Court in Arnesh Kumar (supra).

6. By way of reply, learned counsel for the petitioner

submitted that the petitioner will appear before the

Investigating Officer on or before 18.04.2026 and he will

receive notice under Section 35(3) of the BNSS and

requested that the petitioner may be entitled to submit

reply to the said notice.

7. Taking into consideration the submissions made by

both the parties, the petitioner is directed to appear before

the Investigating Officer on or before 18.04.2026. Upon

such appearance, the Investigating Officer is directed to

issue notice under Section 35(3) of the BNSS to the

petitioner. On receipt of such notice, the petitioner is

entitled to submit his reply/explanation along with the

documents available with him to the Investigating Officer.

The Investigating Officer is entitled to strictly follow the

procedure contemplated under Section 35(3) of the BNSS,

as well as the guidelines formulated by the Hon'ble Apex

Court in Arnesh Kumar (supra).

8. Accordingly, the Criminal Petition is disposed of.

Pending miscellaneous applications, if any, shall

stand closed.

____________________________ JUSTICE J. SREENIVAS RAO 08.04.2026 Note:

Issue C.C. by 11.03.2026 B/o.NIT