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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO CRIMINAL PETITION No.4849 of 2026

Date: 02.04.2026 Between:

Jawed Akhtar and another

...Petitioners AND

The State of Telangana and another.

...Respondents

ORDER

This Criminal Petition has been filed seeking to quash the

proceedings in F.I.R.No.64 of 2026 of Asif Nagar Police Station, Hyderabad, wherein the petitioners were arrayed as accused Nos.1 and 2 for the offences punishable under Section 318(4) and 275 of

the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’).

2. Heard Sri Y.Bala Murali, learned counsel for the petitioners and Mr.Jithender Rao Veeramalla, learned Additional Public

Prosecutor for respondent No.1.

3. Learned counsel for the petitioners submitted that the petitioners have not committed the alleged offences and have 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 275 of the BNS, are not attracted against

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the petitioners. He further submitted that the Investigating Officer, without following the mandatory procedure prescribed under Sections 41 and 42 of the FSSAI Act, 2006, registered the present case, without sending the seized contraband to the FSL. He further submitted that the offences levelled against the petitioners 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

1 Kumar Vs. State of Bihar , is proceeding further in the matter and

the same is contrary to law.

4. Per contra, learned Additional Public Prosecutor, submits that the Investigating Officer will issue the notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) to the petitioners and requested this Court to direct the

petitioners to cooperate with the investigation.

5. Having considered the rival submissions made by the respective parties and upon perusal of the material available on

1(2014) 8 SCC 273

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record, it reveals that the offences alleged against the petitioners are punishable with imprisonment of less than seven years. Even according to the prosecution, the Investigating Officer intends to issue a notice under Section 35(3) of the BNSS. In a similar case, namely Crime No.58 of 2026, the Investigating Officer had already issued such notice. In view of the above, the Investigating Officer is directed to follow the procedure contemplated under Section 35(3) of the BNSS and also the guidelines formulated by the Apex Court in Arnesh Kumar (supra), if notice under Section 35(3) BNSS has not already been issued to the petitioners. It is needless to state that the petitioners are entitled to submit their reply/explanation to the said notice by raising all pleas available to

them and the petitioners shall cooperate with the investigation.

6. Accordingly, the Criminal Petition is disposed of.

Miscellaneous applications, pending if any, shall stand

closed.

____________________________ JUSTICE J. SREENIVAS RAO

02.04.2026 nsp/mnv