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IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

THE HON’BLE SMT.JUSTICE TIRUMALA DEVI EADA

CRIMINAL PETITION No.17926 of 2025

Date:31.12.2025

Between:

Mohd. Mustaq

…Petitioner/Accused

And

State of Telangana,

Rep. by the Public Prosecutor,

High Court for the State of Telangana,

Hyderabad and another.

... Respondents

ORDER:

This criminal petition is filed seeking to quash the

proceedings against the petitioner-accused in Crime No.270 of

2025 on the file of the Station House Officer, Madannapet Police

Station, Hyderabad, registered for the offence under Section

351(2) of BNS.

2. Heard Mr. M.A. Mujeeb, learned counsel for the

petitioner and Mr.Jithender Rao Veeramalla, learned Additional

Public Prosecutor for the respondent No.1-State.

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Crl.P. No.17926 of 2025

3. Though this petition is filed for quashing the

proceedings in the crime, during the course of arguments, learned

counsel for petitioner has sought for a direction to the Police to

follow the procedure laid down under Section 35(3) of Bharatiya

Nagarik Suraksha Sanhita (BNSS).

4. Learned Additional Public Prosecutor submitted that

the police have already served notice under Section 35(3) of

BNSS to the petitioner and hence, prayed to pass appropriate

orders in the petition.

5. Perused the record.

6. The offence alleged against the petitioner is under

Section under Section 351(2) of BNS. Considering the

submissions of the learned counsel for the petitioner and as the

petitioner was already served with notice under Section 35(3) of

BNSS, this Court deems it appropriate to direct the police

concerned to consider the explanation submitted by the petitioner

and to follow the procedure laid down under Section 35 (3) of

BNSS and the guidelines formulated by the Hon’ble Apex Court in

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Crl.P. No.17926 of 2025

Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273 scrupulously. The petitioner is

also directed to co-operate with the Investigating Officer and to

furnish the requisite information and documents as and when

required by him.

7. Accordingly, the Criminal Petition is disposed of with

the above directions. Miscellaneous Petitions pending, if any,

shall stand closed.

____________________________

JUSTICE TIRUMALA DEVI EADA

December 31, 2025

KTL