The High Court · 2025

'1. The State of Telangana, Rep. by its Public Prosecutor, High Court Buildings, High Court,Hyderabad, Through W.P.S East Zone (Hyderabad), Hyderabad District ...1 sr RES'.NDENT/..M'LA'NANT

2. Smt. Priyanka Dora, Wo. Nachiketa Ganni, Aged 27 years, Occ. Pvt. Employee, R/o.Panchadeulala Street, Near Premsagar, l st Lane, Brahmpur, Ganjam District, Odissa - 760 002. ...2ND RESPONDENT/DEFACTO COMPLAINANT Petition under Section 528 of BNSS., praying that in the 5:ircumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings against the Petitioners/Accused No.'l to 3 in C.C.No.8152 of 2024, on the file of the Xlll Additional Chief t\Ietropolitan Magistrate at Nampally, Hyderabad. l.A. NO: 2 OF 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 dispense with the appearance of the petitioners/Accused No.1 to 3 in c.c.No.B152 of 2024,on the fite of the Xlll Additional chief Metropolitan Magistrate at, Nampally, Hyderabad. l.A. NO: 3 OF 2 025 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 against the petitioners/Accused No.1 to 3 in c c.No.8152 of 2024,on the fite of the e Xlil Additionat chief Metropolitan Magistrate at, Nampally, Hyderabad. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of crminar petition and upon hearing the arguments of sri NAGESHWAR RAo puJARl, Advocate for the petitioner and the pubric Prosecutor (TG) on beharf of the Respondent No. 1 and None Appeared for the Respondent no.2 The Court made the fotlowing: ORDER a) THE HON'BLE SHRI JUSTICE ANIL KUMAR JUKANTI CRIMINAL PETITI ON No.84O OF 2025 ORDER: This Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (for short tsNSS) by petitioners/ accused Nos. 1 to 3 to quash the proceedings against them in C.C.No.8152 of 2024 on the file of XIII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad. The offences alleged against petitioners are under Sections 498-A of Indian Penal Code (for short 'IPC) and Sections 3 and 4 of Dowry Prohibition Act, 1961.

2. Heard Ms. R. Sandhya Rani, learned counsel for the petitioners and Ms. S.Madhavi, learned Assistant Public Prosecutor for the respondent - State. Perused the material on record.

3. De-facto complainant is wife of petitioner' No.1, petitioner No.2 is mother of petitioner No.1 and petitioner No.3 is the sister of petitioner No. 1 . FlR/complaint was lodged on 12.10.2023 by de-facto complainant alleging that ) JAK, J CRLP 840 2025 her husband (petitioner No.1), mother-in-law (petitioner No.2) and sister-in*law (petitioner No.3) are residing in the same house and made several attempts and plans to drive her out from the house. It is alleged that petitioner No.1 used to harass the de-facto complainant on small issues and petitioner Nos.2 and 3 used to instigate petitioner No. 1. It is also alleged that petitioner No.l caught hold of the neck of de-facto complainant and necked her out. Hence, the complaint.

4. A charge sheet has been flled along with case diary annexed as documents to the criminal petition. perused the entire record and documents annexed, it is observed t}:at pima facie, no overt acts are attributed by the de_ facto complainant on petitioner Nos.2 and 3, except for stating that they have instigated petitioner No.1.

5. On the other hand, learned Assistant. .public Prosecutor submitted that allegations made out in the FIR are true and the matter needs to be investigated. Hence, there are no merits in the petition and prayed to dismiss the criminal petition. \i I I i I I .,) JAK, J CRLP 840 2025

6. Perused the record, considered the submissions.

7. The allegations levelled a-re primarily against petitioner No.1 husband and except stating that petitioner Nos.2 and 3 are instigating and interfering in even small issues, no specific overt acts are attributed.

8. In cases of this nature, overall facts have to be looked into. This Court, having perused the documents on record, is of the opinion that appearance of petitioner Nos.2 and 3 before the XIII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad in C.C.No.B752 of 2024, can be dispensed with and is dispensed. It is made clear that if their presence is required by the tria-i Court they shall be present. It is made clear that counsel on record for petitioner Nos.2 and 3 shall be present at every hearing of the case.

9. The petitioners shall file an a-ffidavit that they will not dispute their identity and the proceedings can go on in their absence which will be conducted by their counsel. Petitioners shall not dispute the proceedings conducted in I I I JAK, J ('RLP 840 2025 their absence. It is also made clear that petitioners shall present themselves when called by the trial Court, if their presence is necessar5r. This order shall stand vacated automatically, if petitioners fail to attend the proceedings as and when called for. Any observations made in this order shall not influence the Court below while considering or concluding the case at the time of tria_l.

10. With the above observations, this Criminal petition is disposed of. Miscellaneous applications pending, if any, shall stand closed. I ,TRUE COPY// Sd/. MOHD. ISMAIL ASSISTI\NT REGISTRAR q CTION OFFICER I To,

1. The Court of Xlll Additional Chief Metropolitan Magistrate at Nampally, Hyderabad

2. The Station House Officer, WPS, East Zone, Hyderabad City. 3. Two CCs to the Public Prosecutor, High Court for the State of Tdlanganat at Hyderabad [OUT]

4. One CC to SRI NAGESHWAR RAO pUJARt, Advocate tOpUCl 5. Two CD Copies Pcsd/gh W HIGH COURT DATED:29101t2025 ORDER CRLP.No.84A of 2025 R ltlF S :\. ..\ o , ..) 21 nAF ?w (1 (- a oa'rcgEo )t n DISPOSING OF THE CRIMINAL PETITION @ b\aK