Telangana High Court
Faraz Ahmed Siddiqui vs The State Of Telangana on 7 July, 2026
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO
CRIMINAL PETITION No.9322 of 2026
Date: 07.07.2026
Between :
Faraz Ahmed Siddiqui
....Petitioner/Accused No.5
AND
The State of Telangana and another
....Respondents
:: O R D E R :
:
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.5 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),
2. Heard Sri Mohammed Ghouse Pasha, learned counsel for the
petitioner/accused No. 5 as well as Sri Jitender Rao Veeramalla, the
learned Additional Public Prosecutor appearing for the respondent
No.1-State.
2
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.5, 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, this Court is of
the considered view that the Investigating Officer ought to have follow
the due procedure as 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.5 to appear before the
Investigating Officer on or before 22.07.2026 and in turn, the
Investigating Officer is directed to follow the due procedure as
contemplated under the provisions of the BNSS, 2023, and also the
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guidelines formulated by the Hon’ble Supreme Court of India in
Arnesh Kumar v. State of Bihar 1 scrupulously. It is needless to
mention that the petitioner/accused No.5 is entitled to put forth his
grievance by raising all the pleas which are available to him and shall
co-operate with the investigation.
6. With the above said directions, the Criminal Petition is
disposed of accordingly.
Miscellaneous applications, pending if any, shall stand closed.
___________________________
J.SREENIVAS RAO, J
Date: 07.07.2026
Note:
Issue C.C. in a week.
1
(2014) 8 SCC 273
