HIGH COURT FOR THE STATE OF TELANGANA CRIMINAL PETITION No.15048 of 2026 Between :

Arbin Taj A, D/o. Ayub P S, Aged 29 years Occ: Business (Ex-Director in Attica Gold Pvt. Ltd.)

R/o: Flat T3, Mariyam Apartment, Cline Road, Cooke Town, Bangalore North, Fraser Town, Bengaluru Karnataka 560005, and another ….Petitioners/Accused Nos.7 and 8 (As per Memo dated 18.08.2026)

VERSUS The State of Telangana, Rep. by Public Prosecutor, High Court at Hyderabad, Through the Station House Officer, Banjara Hills Police Station Hyderabad and another … Respondents DATE OF ORDER PRONOUNCED: 24.09.2026 THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO

1. Whether Reporters of Local newspapers Yes/No may be allowed to see the Judgments?

2. Whether the copies of judgment may be Yes/No marked to Law Reporters/Journals?

3. Whether Their Ladyship/Lordship wish to Yes/No see the fair copy of the Judgment?

_______________________ J. SREENIVAS RAO, J THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO + CRIMINAL PETITION No.15048 of 2026 % Dated 24.09.2026 # Arbin Taj A, D/o. Ayub P S, Aged 29 years Occ: Business (Ex-Director in Attica Gold Pvt. Ltd.)

R/o: Flat T3, Mariyam Apartment, Cline Road, Cooke Town, Bangalore North, Fraser Town, Bengaluru Karnataka 560005, and another ….Petitioners/Accused Nos.7 and 8 (As per Memo dated 18.08.2026)

VERSUS $ The State of Telangana, Rep. by Public Prosecutor, High Court at Hyderabad, Through the Station House Officer, Banjara Hills Police Station Hyderabad and another … Respondents ! Counsel for Petitioners : Mr. Mandal Nagendra Babu ^ Counsel for Respondent : Mr.K. Durga Prasad, GIST:

> HEAD NOTE: ? CITATIONS:

1. 2015 SCC OnLine SC 18

2. (2021) 19 SCC 401

3. 2025 LiveLaw (SC) 1170 HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.15048 of 2026 (CNR No. HBHC010631772026)

Date: 24.09.2026 Reserved on : 18.09.2026 Pronounced on : 24.09.2026 Uploaded on : 09.2026 Between:

Arbin Taj A and another ...Petitioners/Accused Nos.7 and 8 (As per Memo dated 18.08.2026)

AND The State of Telangana and another ...Respondents : O R D E R :

This Criminal Petition has been filed by the petitioners/accused Nos.7 and 8 seeking to quash the Memo dated 18.08.2026 filed by the Investigating Officer/Detective Inspector of Police, Banjara Hills Police Station in F.I.R.No.1064 of 2024, before the III Additional Chief Judicial Magistrate, Hyderabad, (hereinafter referred to, as ‘the trial Court’) arrayed the petitioners as accused and added Section 317(4) of the Bharatiya Nyaya Sanhita, 2023 (for short, ‘the BNS’) in addition to the existing Sections 306 and 317(2) of the BNS.

2. Brief facts of the case:

2.1. On 09.11.2024, at about 1500 hours, the police, Banjara Hills received a complaint from respondent No.2, wherein it is stated that one Mr. Dilip Gupta and his wife, Durga, had been working at his house as house-keeping and Servants for the past 4½ years. As respondent No.2 is a Doctor, he would visit his clinic i.e., Anu Test Tube Baby Center, Somajiguda, once or twice a month for work. Recently, 18 batteries were stolen from the said clinic and he lodged a complaint before the Panjagutta Police Station. During the course of interrogation, Dilip Gupta confessed that he stolen batteries and also gold articles from his house. On verification late in the night by his family members were found that the below mentioned gold articles had been stolen from cupboards in his house.

1) 6 Adult Gold Bangles, each weighing 15 Grams

2) 4 Child Gold bangles each weighing 10 Grams

3) Gold Mangala Sutra weighing 40 Grams

4) 1 Gold Chain weighing 90 Grams 5) 1 Gold Chain weighing 40 Grams

6) 2 Gold Chains Weighing in total 60 Grams

7) 1 Gold Belt (Vadana) Weight 120 Grams

8) 1 Gold Ring

9) 4 Pairs of Ear Tops (Normal Type);

Total Gold Weight Approximately 480 Grams, Respondent No.2 requested the Station House Officer to take necessary action as per the law. Basing on the said complaint, Crime No.1064 of 2024 was registered initiall