The High Court · 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 quash the FIR No. 51/2025 on the file P.S Uppal. Ir/edchal- Malkajgiri (Rachakonda) District. ...RESPONDENTS 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 in the FIR No. 51/2025 on the file P.S Uppal, Medchal-Malkajgiri (Rachakonda) District. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Ms. Ayesha Humera representing M/s. Rajagopallavan Tayi, Advocate for the Petitioner, Sri Syed Yasar Mamoon, Additional Public Prosecutor on behalf of the Respondent No. 1 and none appeared forthe Respondent No. 2. The Court made the following: ORDER ,., ,. ,r.,1.r,:.. :-; .,'t.r', / .:t *. :r-:X . T"F"'r THE HON'BLE SRI JUSITICE J. SREENTVAS RAO CRIMINAL PETITION No. 733 of 2()25 ORDER: This Criminal Petition is filed by the p.etitioner/ accused seeking to quash the FIR No.51 of 2025 on the file of Uppal Police Station, Medchal-Malkaj giri District (Rachakonda).

2. The case of prosecution in brief is that on 14.01.2025 at 8-30 hours tlne de-facto complainant lodged a complaint with the police alleging that the marriage between the petitioner's son and respondent No.2's daughter was solemnized on 05.06.2022 in the presence of elclers at Pragathi Nagar, Ramanthapur. That on

13.04.2025, the deceased and the petitioner had quarreled over some issue as stated by the petitioner. Later, a.t about 18-2O hours, the petitioner called respondent No.2 and inforned that the deceased Shaikh Sumayya Sulthana had committed suicide by hanging hersell from the ceiling fan in the hall using a cloth. The complainant immediately went to Gandhi Hospital, Secunderabad from Kurnool where he found that his daughter was already dead. When respondent No.2 asked the husband and petitioner about the deceased, they stated that they went to Kachiguda for some work wherein after returning home, they found that the deceased was not opening the door and when they went inside from back -"/ ) door, the deceased had committed suicide by hanging herself from the ceiling fal using a cloth. Basing on the said complaint, the present crime was registered against the petitioner for the offence under Sections 85 and 1O8 of the Bharatiya Nyana Sanhita, 2023 (for short'BNSJ.

3. Heard Ms.Ayesha Humera, learned counsel, represenLing Mr.Rajagopallavan Tayi, learned counsel for the petitioner and Sri Syed Yasar Mamoon, iearned Additional Public Prosecutor appearing for respondent No. 1-State.

4. Learned counsel for the petitioner submitted that pursuant to the order dated 29.01.2025, they sent personal notice to respondent No.2 through registered post with acknowledgment due and the same was returned with a postal endorsement as 'delivered'and filed proof of service uide USR No.13603 of 2025. Irr spite of service of notice, respondent No.2 has not chosen to enter appearance.

5. Learned counsel for the petitioner submitted that the petitioner has not committed any offence and she was falsely implicated in the present crime as sole accused and the petitioner has not instigated the deceased to commit suicide and therefore, the ingredients under Section 1O8 of BNS are not attracted to the petitioner. {i{e further submitted that the granddaughter namely 3 S.Aiza Shazeen, who is the daughter of the deceased Shaikh Sumayya Sulthana is living with the petitioner. Therefore, he prays to quash the proceedings against the petitioner in FIR No.51 of 2025 on the hle of Uppal Police Station, Meclchal-Malkajgiri District.

6. Per contra, learned Additional Public Prosecutor submitted that there are specific allegations against the petitioner to attract the ingredients of Section 108 of BNS. Whether the petitioner has committed the alleged offence or not, can be revealed during the course of invcstigation, which is under progress. This Court already grantecl proLection through interim order dated 03.03.2025 directing the investigating ofhcer to proceed with the investigation, however, the peti Lioner/ accused sha1l not be arrested. Therefore, he prays to dispose of the criminal petition with the very same I I direction. Learned counsel for the petitioner has not disputed the

8. In view of the above said submissions, this Court is not inclined to quash the proceedings in Crime No.S1 of 2025 of Uppat Police Statiorl, on thd ground that the investigaticin -is Under progress. Hou.ever, taking into consideration the facts and circumstances of the case and also the submissions made by the \ \ 4 /-) learned counsel for the petitioner as well as the learned Additiona-l Public Prosecutor, without expressing any opinion on merits of the case, the investigating officer is directed to proceed with the investigation in Crime No.51 of 2025 of Uppal Police Station, Rachakonda Commissionerate. However, the petitioner shall not be arrested till the investigation is completed. The petitioner/ accused shall cooperate with the investigation and she shail not make any attempt to interfere with the ongoing investigation or with the witnesses in any manner.

9. With the above said directions, the Criminal Petition is disposed of. As a sequel thereto, miscellaneous applications, if any, pending in this petition stand closed. //TRUE COPY// Sd/. V. HARI PRASAD DEPUW REGISTRAR S CTION OFFICER To,

1. The Vl Additional Metropolitan Magistrate, Medchal Malkaigiri District, Uppal at L.B.Nagar

2. The Station House Officer, Uppal Police Station, Rachakonda 3. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad.[OUTI

4. One CC to Sri Rajagopallavan Tayi, Advocate [OPUC] 5. Two CD Copies VH % HIGH COURT DATED: 0710412025 I ORDER CRLP.No.733 of 2025 lE ST41( 1 0 I Ai8 2[25 ) (,( '( q ) O \\. I -2' DISPOSING OF THE CRIMINAL PETITION