[Cites 3, Cited by 0]
Telangana High Court
Uzair @ Shaik Mohid 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.5251 of 2026
Date: 09.04.2026
Between:
Uzair @ Shaik Mohid
...Petitioner/accused No.3
AND
The State of Telangana, Rep. by its Public Prosecutor,
High Court for the State of Telangana, at Hyderabad,
and another
...Respondents
ORDER
This Criminal Petition has been filed seeking to quash the
proceedings in F.I.R. No.62 of 2026 of Nallakunta Police Station,
Hyderabad, wherein the petitioner was arrayed as accused No.3 for
the offences punishable under Sections 318(4) and 316(2) of the
Bharatiya Nyaya Sanhita, 2023 (for short 'BNS').
2. Heard Mr. Mohd. Sadiq Ali Siddiqui, learned counsel for the
petitioner and Mr.Jithender Rao Veeramalla, learned Additional
Public Prosecutor for respondent No.1.
3. 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 ingredients of the offences under Sections
318(4) and 316(2) of the BNS are not attracted against the petitioner.
He further submitted that the offences alleged against the petitioner
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 Bihar1, is proceeding further in the matter and
the same is contrary to law.
4. Per contra, learned Additional Public Prosecutor submitted
that the Investigating Officer had already issued notice under Section
41-A of the Cr.P.C./Section 35(3) BNSS to accused Nos.2, 4 to 6 and
they acknowledged the same. He further submitted that Investigating
Officer is trying to serve the notice under Section 35(3) of BNSS to
the petitioner/accused No.3 herein, but the accused is not coming
(2014) 8 SCC 273
forward to the Police Station to receive the same. He further
submitted that the Investigating Officer will follow the procedure
prescribed under Section 35(3) of the BNSS and the guidelines issued
by the Hon'ble Apex Court in Arnesh Kumar (supra) and requested
this Court to direct the petitioner to cooperate with the investigation.
5. 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 petitioner/accused
No.3 are punishable with imprisonment of less than seven years.
Thus, without expressing any view on the merits of the case, 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 41-A of
Cr.P.C./Section 35(3) of BNSS and follow the guidelines issued by
the Hon'ble Apex Court in Arnesh Kumar (supra). In view of the
same, petitioner is entitled to submit his reply to the notice by raising
all the pleas which are available to him and he is also entitled to
submit the documents, which are in his custody. The Investigating
Officer is further directed to scrupulously follow the procedure
contemplated under Section 35(3) of the BNSS and the guidelines
and principles issued by the Hon'ble Apex Court in Arnesh Kumar
(supra), and conclude the investigation.
6. With the above directions, the Criminal Petition is disposed of.
Miscellaneous applications, pending if any, shall stand closed.
____________________________
JUSTICE J. SREENIVAS RAO
09.04.2026
Note: Issue C.C. in three days
b/o. ggd
