HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No. 16050 of 2025 DATE: 05.12.2025 Between :

Mohammed Wajid ....Petitioner/accused No.1 AND The State of Telangana, Station House Officer, Police Statino Rajndra Nagar, Hyderabad, Represented through its Public Prosecutor, High Court for the State of Telangana at Hyderabad and another ....Respondents : O R D E R :

This criminal petition has been filed by the petitioner/accused No.1 seeking to quash the proceedings in F.I.R.No.1306 of 2025 of Rajendranagar Police Station, Cyberabad, registered for the offences under Sections 316(2) and 318 (4) of the Bharatiya Nyaya Sanhita, 2023, (for short, ‘BNS’).

2. Heard Mr. M. S. Achyuth Bharthwaj, learned counsel for the petitioner, and Mr. Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for respondent No.1 State.

3. Learned counsel for the petitioner submitted that the petitioner has not committed the offences and he was falsely implicated in the present crime. Even according to the allegations made in the complaint, the ingredients for the offences under Sections 316(2) and 318 (4) of BNS do not attract and both the offences cannot go together. There is no intention to deceive respondent No.2. The nature of the allegations made in the complaint is purely civil in nature regarding property. Respondent No.2 with an intention to settle the civil disputes implicated the petitioner in the present crime. Hence, the continuation of the proceedings against the petitioner is clear abuse of the procession of the law.

4. Per contra, learned Assistant Public Prosecutor submitted that there are specific allegations levelled against the petitioner to attract the ingredients under Sections 316(2) and 318(4) of the BNS. Whether the petitioner has committed the offences or not, has to be revealed during the course of investigation. Hence, the petitioner is not entitled to seek quashing of the proceedings in F.I.R. No.1306 of

2025.

5. Having considered the rival submissions made by the respective parties and upon perusal of the material available on record, it reveals that there are specific allegations levelled against the petitioner. However, the offences levelled against the petitioner are punishable with an imprisonment below seven years. Taking into consideration the facts and circumstances of the case, without expressing any view on the merits of the case, the petitioner/accused No.1 is directed to appear before the Rajendranagar Police Station, Cyberabad, on or before 12.12.2025, and on such appearance, the Investigating Officer is directed to issue notice under Section 41-A of Cr.P.C./Section 35(3) of BNSS and follow the guidelines issued by the Apex Court in Arnesh Kumar Vs.

State of Bihar, 1(2014) 8 SCC 273

6. It is made clear that the petitioner is entitled to submit reply/explanation along with the documents, which are available with him, to the Investigating Officer.

7. If the petitioner fails to appear before the Investigating Officer, within the stipulated time, the Investigating Officer is entitled to take action against him in accordance with law.

8. Subject to the above directions, the Criminal Petition is disposed of.

Miscellaneous applications, pending if any, shall stand closed.

______________________ J.SREENIVAS RAO, J Note:

Issue C.C. in three (3) days.

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