Mohammed Meraj vs The State Of Telangana
2026 Latest Caselaw 575 Tel

Telangana High Court

Mohammed Meraj 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.5225 of 2026

                         Date: 09.04.2026


Between:

Mohammed Meraj
                                                    ...Petitioner
                                AND

The State of Telangana and another
                                                    ...Respondents

                             ORDER

This Criminal Petition has been filed seeking to quash the

proceedings in FIR No.157 of 2026 of Amberpet Police Station,

Hyderabad, wherein the petitioner was arrayed as accused, for the

offences punishable under Sections 274, 275 and 318(4) of the

Bharatiya Nyaya Sanhita, 2023 (for short 'BNS').

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

petitioner 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 petitioner submitted that the

petitioner has not committed the alleged offences and he has been

falsely implicated in the present crime. He further submitted that

the petitioner has not adulterated the osmania biscuits. Even

according to the allegations made in the complaint, the ingredients

of Sections 274, 275 and 318(4) of the BNS are not attracted

against the petitioner 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 Bihar1, 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 petitioner are punishable with imprisonment of less

than seven years. When the Investigating Officer tried to serve

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

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

(2014) 8 SCC 273

did not cooperate with the Investigating Officer. Hence, the

petitioner is 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

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.

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 petitioner

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

petitioner/accused is 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 petitioner is entitled to submit

reply/explanation along with the documents, which are available

with him 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