IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.582 of 2026 DATE OF ORDER:-22.01.2026 Between:

Faiq Ahmed Siddiqui, R/o.Hyderabad.

… Petitioner/Accused No.6 AND The State of Telangana rep. by its Public Prosecutor, High Court at Hyderabad …Respondent

ORDER

1. This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking to quash the proceedings against the petitioner/accused No.6 in Crime No.612 of 2025, on the file of the Court of XIV Additional Chief Judicial Magistrate, City Criminal Court, Nampally, Hyderabad, registered for the offences punishable under Sections 8(c), 20b(ii)(A), 22(b), 22(c), 27(A), 29 and 27(b) of NDPS Act, 1985.

2. Heard Sri V.Gopalakrishna Gokhaley, learned counsel for the petitioner/accused No. 6 as well as Sri Jitender Rao Veeramalla, the learned Additional Public Prosecutor appearing for the respondent No.1-State.

3. When the matter is taken up for hearing, learned Additional Public Prosecutor has submitted a copy of instructions received from the Sub-Inspector of Police, Panjagutta Police Station, Hyderabad, which discloses that notice under Section 35(3) of BNSS, 2023 was already served upon the other accused i.e., accused Nos.7, 12, 17, 18, 19, 21, 26 and 30 in this crime and as the petitioner herein, who is arrayed as accused No.6, is not available, he could not be served with the said notice under Section 35(3) BNSS.

4. On the other hand, learned counsel for the petitioner, during the course of his arguments, has limited his prayer to the extent of granting relief under Section 35(3) of BNSS, 2023.

5. Considering the submissions of the learned counsel on either side and in the facts and circumstances of the case, it is deemed appropriate to direct the Police concerned to invoke the procedure contemplated under Section 35(3) of BNSS, 2023 against the petitioner herein also by extending the same relief as was given to the other accused in the present crime. Hence, without going into the merits of the case, this Court deems it appropriate to direct the petitioner/accused No.6 to appear before the Investigating Officer on or before 12.02.2026 between 11:00 a.m. and 05:00 p.m. and in turn, the Investigating Officer is directed to follow the procedure laid down under Section 35(3) of BNSS, 2023 (previously Section 41-A of Criminal Procedure Code, 1973) and also the guidelines formulated by the Hon’ble Supreme Court of India in Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273 scrupulously. However, the petitioner/accused No.6 shall submit his defense and co-operate with the Investigating Officer as and when required by furnishing information and producing all relevant documents/material required for the purpose of investigation and the Investigating Officer shall consider the same and complete the investigation strictly in accordance with law. In case, the petitioner fails to appear before the Investigating Officer within the stipulated time, the Investigating Officer is at liberty to take necessary steps in accordance with law.

6. With the above observations, the Criminal Petition is disposed of accordingly.

7. As a sequel, miscellaneous petitions, pending if any, shall stand closed.

____________________________ JUSTICE TIRUMALA DEVI EADA Dt.22.01.2026 ysk

THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.582 of 2026 Dated:22.01.2026 ysk