Vaseem Khan Alias Wassem Khan v. The State Of Telangana,

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD WEDNESDAY. IHE THIRTY FIRST DAY OF DECEMBER TVVO THOUSAi'lD AtlD I,/VENTY F|VE PRESENT THE HONOURABLE SMT JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION NO: 17959 OF 2025 Between:

Vaseem khan @ Wassem Khan, S/o Abdul Gaffar Khan, Age 34 Years Occ. Business, R/o H No. 2-1 14, Gudihatnoor, Adilabad, Adilabad District ...PETITIONER/ACCUSED AND

1. The State of Telangana, rep.by Public Prosecutor, High Court for the State of Telangana at Hyderabad

2. Manish Doli, S/o. Babu. Age 29 years, Occ: Police Officer, R/o. Shampur, Utnoor Mandal, Adilabad District.

..RESPONDENT/DEFACTO COMPLAINANT Petition under Section 528 of BNSS praying that in the circumstances stated in the [Vlemorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings against the Petitioner/Accused in. FlR.No. 335 of 2025 on the file of Gudihatnoor Police Station, Adilabad District l.A. NO:2OF 2025 Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminal Petition, the High court may be pleased to stay all further proceedings including the arrest of the petitioner in cr No . 335 0t 2025 0n the file of Gudihatnoor Police station, Adilabad District during the pending disposal of above Criminal petition This Petition comtng on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of sri soMA RAVI KIRAN REDDY, Advocate for the Petitioner and SRI JITHENDER RAO VEERAMALLA, Additional Public Prosecutor on behalf of the Respondent No 1 and None Appeared for the Respondent No.2 The Court made the following: ORDER

IN THE HIGH COURT FOR THE STATE OF TELATI iANA AT

HYDERABAD THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.17959 of 2o25 Date: 31 .12.2025 Between:

Vaseem Khan @ Wassem Khan iretitioner AND The State of Telangana, Rep. by Public Prosecutor, High Court for the State of Telananga at Hyderabad a rd another Rr: oondents

ORDER

This Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for shor 'BNSS') by the petitioner/accused seeking to quash the proceec ngs against him in Crime No.335 of 2025 on the file of Gudihe noor Police Station, Adilababad District, registered for the alleg :d offences punishable under Section 223 of Bharatiya Nyaya Il rnhita, 2023 (for short 'BNS') and Section 219 of Telangana Pz rchayat Raj Act,2018 (for short'the Act').

,..+ ETD, J Crl.P 17959 2025 2.

Heard Mr.Soma Ravi Kiran Reddy, learned counsel for the \i\ pelitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent No.1. 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 directions to the Police to proceed with investigation by issuing notice under Section 35(3) of BNSS (Previously Section 41-A of Cr.P,C.) 4.

Learned Additional Public Prosecutor has not disputed the same 5.

Considering the submissions of both the counsel and on perusal of the material available on record, it is seen that the allegations are under Section 223 of BNS and Section 219 of the Act and the punishment prescribed for the said offences alleged against the petitioner is less than seven (07) years. Hence, without going into the merits of the case, this Court deems it appropriate to direct the petitioner to appear before the lnvestigating Officer on or before 28.01 .2026 between 11:00 a.m and 05:00 p.m. and in turn, the lnvestigating Officer is directed to follow the procedure laid down under Section 35 (3) of the BNSS

D1D,J rl.P 17959 2025 (previously section 41-A of Criminal Procedure Co: r, 1973) and also the guidelines formulated by the Hon'ble Supr ,me Court of lndia in Arnesh Kumar v. State of Biharl ;crupulously. However, the petitioner shall submit his defense at'j co-operate with the lnvestigating Officer as and when requirerl ly furnishing information and produce all relevant documents/mzr' .;rial required for the purpose of the investigation and the lnves.i lating Oflicer shall consider the same and shall complete tht: investigation strictly in accordance with law.

6. lf the petitioner fail to appear before thtr lnvestigating Officer, within the stipulated time, the lnvestigat rg Officer is entitled to take steps in accordance with law. 7 .

With the above said observations, this Crin i ral Petition is disposed of.

As a sequel, the miscellaneous petitions pe lding, if any, shall stand closed.

Sd/. K. MADHAVI ; STANT REGISTRAR lcaor+) B :,.;3 {+3 _1 {r( \'

/iTRUE COPY// SECTTON OFFTCER To,

1. The Station House Officer, Gudihatnoor Poltce Station ]udihatnoor, Adilabad District 2 One CC to SRI SOMA RAVI KIRAN REDDY Advocate I IPUC] ;f Telangana at C4'ba-''' ,{ ="il

3. Two CCs to Public Prosecutor, High Court for the Stat€ Hyderabad [OUT]

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4. Two CD Copies VM/PR JP,* \ I

HIGH COURT DATED: 3111212025 := ,4'

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ORDER

CRLP.No.17959 ot 2025 1$ tli itflt C\o ')'

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- -,--t:':l DISPOSING THE CRIMINAL PETITION ( JKS :tlrlta