Telangana High Court
Mohammed Arshad alias Sri Arshad v. The State of Telangana
CRLP/10980/2026
- Decision date
- 2026-07-20
- Text availability
- Full text
- Judges
- J Sreenivas Rao
Source: Indian High Court Judgments, AWS Open Data (CC BY 4.0) ↗
Connected provisions and cases
No further provision or case links are recorded.
Judgment text
[ 3303 ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD MONDAY, THE TWENTIETH DAY OF JULY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE J SREENIVAS RAO CRIMINAL PETITION NO: 10980 OF 2026 Between: Occ' 1. Mohammed Arshad alias Sri Arshad, S/o Zahur Ali Age. 23 yrs, District, Business, Rl/o, 4-6T,Bashirabad,Bashirabad, K.V. Rangareddy Telangana.501 143 2. Md Zakir Sha Quadri alias Zakir, S/o .MD Raheern Sha Quadri, Age'39 yrs' Occ .Business, Rl/o Manhalli, P O Manhalli District Bidar, Karnataka' 3. MD Burhanuddin, S/o Md Nazeerudin, Age 30 Years, Occ Owner of the 11-6'1 Vehicle bearing No. KA 567704, R/o. , top gain, Humnabad, WC' Humnabad, District. Bidar, Karnataka State-S85330. ...PETITIONERS/ACCUSED AND 1. The State of Telangana, Rep. By its Public Prosecutor High Court of Telangana at Hyderabad. 2. Sri Khaleel Ahmed, S/o Late Shaik Madar, Age. 40 years, Caste Muslim, Occ. Deputy Tahasildar (DTCS), Rl/o New Malakpet, Hyderabad' ...RESPONDENTS/COMPLAINANTS 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 quash the proceedings in crime.No.9s' of 2026 On the file of PS Patancheru, District Sangareddy, against the petitioners/ accused. l.A. NO: 2OF 2026
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 grant stay of all further proceedings in crime. No. 955 of 2026 On the file of PS Fatancheru, District Sangareddy, pending disposal of the above criminal petition. This Petition coming on for hearing, upon perusing the Memorandum of arguments of sri c Grounds of criminal Petition and upon hearing the VIVEKANAND, Advocate for the Petitioner and sri Jithender Rao Veeramalla, the Additional Public Prosecutor on behalf of the Respondent No.1 and none appeared for the Respondent No.2. The Court made the following: ORDER HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO cBnYlrrNA L PETITION No. 10980 of 2026 DATE:2O.O7.2o26 Between : Mohammed Arshad lri Sri Arshad and two others Petrtioncrs ANI) 'l'hc Srate of 1'clangana and anotht,r Ilesponde n ts ORDER This Cnminal l)ctition has becn filcd by the petirioners/accused undt_.r Secrion 52g of the BNSS, secktng to quash the proceecLngs in F.l.R.No.95:: ol 2026 ol I)atancheru police Statron. Cvberabad. rcgisrercd tor rhc oflences punrshable under ScL:rio. .) l8(4) oi thc Ilharar^ a \*r ar.a Sanhita. 2O-13 (for short, ,the tlNS') and Section 7 ol rhc Iisscntral Commoditir.s Act, 1955 (lor shon, 'the Fl.C. Act').
2. IIcard Mrs. C. Sr,rnitha Kumari, learnecl counsel lor thc petiLloners, and Mr. Jithendcr Rao Vecramalla, learncd Additional rPublic I,rosecutor for rcsponclcnt No. I Sl.ate. With hcir conscnt, thc cnmin:ri pctition is cltsposed of aL thc admission sra11e. 3. l,c:arned counsci lor thc pctitionerS slrb litted thaL thc pe[iLloners have nor. committecl ant. ollcnce and ]rave been falselv 2 implicatcd in the prcsent crimc. Even according to the allegations levclled in the complaint, the ingredients of the offenc:es under Section 318(a) of thc BNS and Section 7 of the E.C. Act are not atlracted against the petitioners on the ground that the alleged seized stock was purchased from the cardholders. She further submitted that the issue raised in thc present criminal petition rs squarely covered by the order of this Court in Crl.P.No.7227 of 2025 dated 18.06.2026. Hence, the continuation of the proceedings againsr the pelitioners is a clear abuse of thc process of lau'.
4. Per contra, Iearncd [)ublrc I)rosecutor submitled that thc petilioners have not placed anf i<tla ol malcrial that the setzed stock w'as purchased from the cardhoLders. Whe lhcr the seized stock purchased from the cardholders or any other source, can be revealed isduring the coursc of invesligation, especialll' the tnvestigarion under progress. The Investigating Officer has already issued notice under.section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (tor shorl, 'thc I3NSS') and thr: pelitioners:1re enl.itled lo put foqth their grievance before thc Investigaring Officer, on the other hand filcd the prcsent criminal pctition. the 5. This Court considered thc rival submissions made by respective parties and perllsed ol the material available on record lt is the specific case of the petitioners that thcy purchased the seized stock, namciy 204 Qunitals of Ri<:c, rrom the carcirrorders and rhe samt' does not come ri.ithin the amb.it of Section 3l gi4) of the tsNS and Sectron 7 o1- the I:l C. Acr. Whcreas, it is the specrfic case of the prost cu Lio, that as o. Lo(la\ , .o maLcrial has ,rr:en placed to establish that the seizcd stock r,r'as purchased from thc cardhorcrcrs. lir.e n according to thc prosecurion. as lhe offences levellcd against Lhe pctitioncrs arc plrnishablc tr.it.h imprisonmcnt up to sevcn years, the Investigating officcr has alrcach' issued noricc undcr Section 3513) of the BNSS.
6. In vicrv of the samc. thc petitioners are entitll:rl to put forth thcir gricvancc and arso submit lhc c]ocumcnts, if anr', lr..hich arc in their possession. 7 SubJ ci't ro t.hc above directions, tlre Crimi rlrl pctitton is rI sposcd ol. Misccllaneous applications. pending rf anv, shal stand closed. SD/. N.CHANDRA SEKHAR RAO DEPIJTY REGISTRAR //TRUE COPY' \ --F-'.\ \ To, SECTION OFFICER ,1 civilJudse cum Addt. Judiciat Masistrare or First ctass, *$1:!#nior 2. The Station House Officer, police Station, patancheru, Sangareddy District t Prosecut",.' Hiil;;'; tJ'ir'" stutu " lx.lr,C.C;l",Pubrrc "iia;;;;"";' 4. One CC to SRt C VTVEKANAND Advocate tOpUCl /n."5. TwoCDCooies "Y-.TPruKA HIGH COURT DATED: 2OtOil2O26 ORDER 1 E ( o r 4 +( e. CRLP.No.1O98O of 2026 a, UJ t ".$ I {; tro 6 t .Ds rtl H c H I GRIMINAL PETITION IS DISPOSED OF /o I I _D.V + tb