High Court · 2025

'1. The State of Telangana, Rep' By its Public Prosecutor' High Court' Hyderabad.

2. Smt.TehseenUnnisa, W/o' Maqsood Ahmed Khan' Aged About' q9 ygars' -' O"". fftr""trotO, presentty Ryo H t'to 19-2-211231551N 1' Basarath Nagar' Tadban, HYderabad- 500064' ...RESPONDENT/COMPLAINANTS PetitionunderSection52SofBNSSprayingthatinthecircumstances statedintheMemorandumofGroundsofCriminalPetition,theHighCourtrnay quash the FIR No 35 or 2o25 on the file of PS WPS South Zone ;;;;;;Ji" tiyl.t"tuOl, Hyderabad against the petitioners /A1 -A5 for the offences u/s 498- A, +oo, soo lPC, 3(1), 4, 6 DP Act and Pass r.A. No: OF I l Petition under Section 528 of BNSS of 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 arrest / appearance of the petitioners / 41 - A5 in pursuance of the FIR No. 35 of 2025 on the file of PS WPS South Zone (Hyderabad), Hyderabad, pending disposal of the main Crl'P and pass A. NO:1OF 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 filing of a certified copy of the FIR No. 35 of 2025, on the file of the Honourable PS WPS South Zone (Hyderabad), Hyderabad, in the interest of justice. This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri G DURGA CHARAN, Advocate for the Petitioner and the Public Prosecutor (TG/AP) on behalf of the Respondent No.lNone appeared for Respondent No.2. The Court made the following: ORDER t I I /' / ,'/ 1 ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIM INAL PETITION No.5243 OF 2025 This Criminal Petition is filed under Section 528 o'f Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS, 2023') seeking quashment of the proceedings in Crime No.35 of 2025 of WPS South Zone (Hyderabad), Hyderabad District, against the petitioners/accused Nos.1 to 5.

2. The petitioners are arrayed as accused Nos.'l to 5 in Crime No.35 of 2025 registered for the offences punishable under Sections 498-4,406 and 506 of lndian Penal Code, 1860 and Sections 3 (1), 4 and 6 of Dowry Prohibition Act, 1961.

3. Heard Mr.G.Durga Charan, learned counsel for the petitioners and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent No.1-State.

4. Learned counsel for the petitioners would submit that petitioner No.1 was served with notice under Section 41-A of the Code of Criminal Procedure, 1973 (for short Cr.P.C.), however the Police are directing for his presence and visiting him frequently and thereby causing harassment- He further pleads that though the petitioner Nos.2 to S/accused Nos.2 to 5 are determined to see the process through and the alleged offences are p!!]:ha!b with an imprisonment upto seven years, the Police con#rn-6d 2 NlRJ Crl.P.No. 521) 01202 5 failed to issue any notice under Section 41-A Cr'P'C'' as such' the petitioner Nos.2 to S/accused Nos'2 to 5 are apprehending coercive measures against them. He further submits that the petitioners are ready to cooperate with the investigation, hence prayed for necessary directions for issuance of notice as Per law'

5. Learned Additional Public Prosecutor has not raised specific objection and fairly admitted that the alleged offences are punishable under seven Years 6 I have perused the materials on record' 7 . Having regard to the submission of the learned counsel for the petitroners that petitioner No.1/accused No'1' though served with a notice under Section 41-A of the Cr'P.C, is being harassed in the name of investigation, the investigating agency is directed to strictly adhere to the directives of Arnesh Kumar y. Sfate of Biha/ and his presence may be secured for the purpose of investigation only on written notice'

8. Further, considering the arraigned offences against the petitioner Nos,2 to S/accused Nos.2 to 5 are punishable with an imprisonment upto seven years and they are ready to engage themselves in the process' without going into merits of the matter, the petitioner Nos.2 to S/accused Nos.2 to 5 are directed to appear before the SHO' WPS South Zone' I (2014) 8 SCC 273 I 3 Nr&/ Crl.PNo.5241oJ2025 Hyderabad by 28.04.2025, whereupon' the lnvestigating Officer ls directed to issue notice on them under Section 41-A of Cr'P'C' in Crime No.35 of 2025 and take up further proceedings in accordance with the guidelines of Amesh Kumals case (supra)' ln unison the petitioner Nos'2 to S/accused Nos.2 to 5 are directed to submit their explanation to the lnvestigating Officer for considering their culpability in the offence and shall cooperate with the investigation' I With this direction, this Criminal Petition is disposed of Pending miscellaneous applications, if any' shall stand closed SD/. MOHD.ISMAIL DEPUTY REGISTRAR I i To, //TRUE COPY// 6)4- CTION SE OFFICER l.The XV Additional, Chief Judicial MegistrateHyderabad city ,Hyderabad' 2.TheStationHouseffice,WPS.SouthZonePolistationHyderabadDist.

3.Smt.G.DurgaCharan, Advocate. 4. Two AdditionalPublic Prosecutor, High CourtofTelangana Hyderabad' 5. Two Spare Copies. \v HIGH COURT DATED:I6lO4t2O2S ORDER CRLP.No.5243 ot 2025 The Criminal petition is Disposed of ( 6I )t oI i." ?'" 11 (i. tuE 2U5 ? ..Oe sPAic'.re-o at.