Istkhap Alam Alias Mohammed Ifthikar vs The State Of Telangana
2026 Latest Caselaw 574 Tel

Telangana High Court

Istkhap Alam Alias Mohammed Ifthikar vs The State Of Telangana on 9 April, 2026

IN THE HIGH COURT FOR THE STATE OF TELANGANA
                AT HYDERABAD

     THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO
            CRIMINAL PETITION No.5232 of 2026
                        Date: 09.04.2026


Between:

Istkhap Alam @ Mohammed Ifthikar and another
                                                    ...Petitioners
                              AND

The State of Telangana and another
                                                    ...Respondents


                            ORDER

This Criminal Petition has been filed seeking to quash the

proceedings in Crime No.90 of 2026 of Pahadishareef Police

Station, Hyderabad, wherein the petitioners were arrayed as

accused Nos.3 and 4, for the offences punishable under Section

318(4), 275 and 223 r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023

(for short 'BNS').

2. Heard Mr.Mohammed Azeemuddin, learned counsel for the

petitioners and Mr.Jithender Rao Veeramalla, learned Additional

Public Prosecutor, appearing for the respondents.

3. With the consent of both the learned counsel, the criminal

petition is disposed of at the admission stage.

4. Learned counsel for the petitioners submitted that the

petitioners have not committed the alleged offences and have been

falsely implicated in the present case. He further submitted that the

petitioners are daily wage labourers and the entire allegations are

levelled against the other accused. Even according to the

allegations made in the complaint, the ingredients of Sections

318(4), 275 and 223 r/w 3(5) of the BNS are not attracted against

the petitioners and they are punishable with imprisonment for a

term 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"), as well as the guidelines formulated by the Hon'ble

Apex Court in Arnesh Kumar v. State of Bihar 1, is proceeding

with the matter, which is contrary to law.

5. Per contra, the learned Additional Public Prosecutor

submitted that there are specific allegations against the petitioner

to attract the aforesaid offences. However, the offences levelled

against the petitioners are punishable with imprisonment of less

(2014) 8 SCC 273

than seven years. When the Investigating Officer tried to serve

notice under Section 35(3) of the BNSS, the petitioners did not

come forward to the Police Station to receive the said notice and

did not cooperate with the Investigating Officer. Hence, the

petitioners are not entitled for any relief as sought in the criminal

petition.

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

that the petitioners will appear before the Investigating Officer on

or before 18.04.2026, cooperate with the investigation, and submit

their 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.

7. 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 the petitioners

are punishable with imprisonment of less than seven years. Even

according to the learned Additional Public Prosecutor, the

Investigating Officer intends to follow the procedure prescribed

under the provisions of the BNSS.

8. Taking into consideration the above said submissions, the

petitioners/accused Nos.3 and 4 are directed to appear before the

Investigating Officer, on or before 18.04.2026, and on such

appearance, the Investigating Officer is entitled to issue notice

under Section 35(3) of the BNSS and follow the guidelines issued

by the Apex Court in Arnesh Kumar supra. The petitioners are

entitled to submit reply/explanation along with the documents,

which are available with them to the Investigating Officer and

shall cooperate with the investigation. 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).

9. Accordingly, the Criminal Petition is disposed of.

Pending miscellaneous applications, if any, shall stand

closed.

____________________________ JUSTICE J. SREENIVAS RAO 09.04.2026 Note: Issue CC in three days b/o vsl