High Court · 2025

* r, Petition under Article 226 ot the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction, particularly one in the nature of WRIT OF MANDAMUS, declaring the action of the respondents 2 to 4 in subjecting the petitioners to harassment and threatening the petitioner No.1 to 3 to take either the 5th respondent to the marital life or to make settlement with the sth respondent and her parents, otherwise threatened to implicate the petitioners in false cases at the instance of respondent No.5 and her parents, when the = a petitioners '1 to 3 attended the ll town police station, Khamrnam on 09.06.2025 and on any subsequent dates on 15.06.2025 in the gui:;e of investigation, pursuant to the notice issued under section 35(3) of BNSII dated 05.06.2025 issued by the 3rd respondent, as illegal, arbitrary, r,vithout jurisdiction, consequently direct the respondents 2 to 4 not to harass the petitioners asking the petitioners 1 to 3 to take the Sth respondent to marite I life or to make a settlement with the 5th respondent and her parents. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent No.2 to 4 not to harrass the petitioners, subjecting physical and mental harassment to the petitioners during the investr(lation of crime NO. 30'l of 2024 on the file of the ll town Police Station. Khammam, Khammam district by asking the petitioners to take the 5th respondent to the marital Iife or to make a settlement with the 5th respondent and her parents, pending disposal of the Writ petition. Counsel for the Petitioners: SRI A.PRABHAKAR RAO Counsel for the Respondent Nos.1 TO 4: GP FOR HOME Counsel for the Respondent No.s: - The Court made the following: ORDER I HON'BLE SRI JUSTTCE T. VINOD KUMAR WRIT PETITION No.16079 of 2 025 ORDER: Heard leamed counsel tbr the petitioners and leamed Government Pleader for Home appearing on behalf of respondent Nos.l to 4, and perused the record. With the consent of the learned counsel appearing for the respective parties, the Writ Petition is taken up for hearing and disposal at admission stage

2. Having regard to the nature of /is involved and the mamer of disposal of the Writ Petition at the admission stage, this Court is of the view that notice to unofficial lespondents is not necessary for adjudication of the present Writ Petition.

3. The case of the petitioners in brief is that the l't petitioner is married to the 5th respondent herein and matrimonial disputes have arisen betweeir them, pursuant to which, the 5th respondent had approached the 4th respondent authority and lodged complaint against the petitioners.

4. It is the further case ol petitioners that based on the complaint made by the 5th respondent, the authorities have registered a case vide Cr.N.30l/2025 on 28-05-2025 undcr Secrion 85 of Bharatiya Nagarik 2 Suraksha Sanhita, 2023 (for shorl 'Bharatiya Nagarik Suraksha Sanhita, 2023') and Sections 3 and 4 of Dowry Prohibition Act.

5. it is further contended that on registering the afirresaid crime under Section 85 of BNSS and Section 3 an 4 of Dovrry Prohibition Act, the respondent authorities have issued notice dated 05-06-2025 under Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 to the petitioners calling upon thern to aptcar belore the authorities on 09-06-2025, and on petitioner Nos. 1 to 3 appearing before the authorities on the said date, they rvere again called to the 4th respondent Police Station on l5-06-2025.

6. It is further contended or.r behalf of the petitioners that the respondent authorities, though have issued notice undel Section 35(3) of BNSS dated 05-06-2025, the authorities are harassing and threatening the petitioner No.l either to lead marital life with the 5th respondent or accede to the demand of payment of amount of Rs.40.00 crores to the 5th respondent, which action ol tl-re respondent Nos.2 to 4, it is contended as highly illegal, arbitrary and without sanction of law.

7. Per contra, leamed Government Pleader for llc,me appearing on behalf of respondent Nos. I to 4, while denying the \\/rit averments, -l 3 would submit that on the 5th respoudent approaching the respondent authorities and lodging complaint against the petitioners herein, the authorities, by noticing that the dispute relates to matrimonial matter, by fotlowing the guidelines laid dou,n by the Apex Court in Lalita Kumari Vs. Government of Uttar Prttlesh ttrd otherst, had called the petitioner No. I for counseling and on the said e t'forts made by the respondent authorities failing, the authorities have registered a case vide Cr.No.30 I 12025 on 28-05 -2025.

8. Learned Govemment Pleader further submits that the authorities on registering the albresaid crime, have issued notice in terms of Section 35(3) of BNSS on 05-06-2025 calling upon the petitioners herein to appear belore the 2nd respondent authority on 09-06-2025.

9. Leamed Govemment Pleader furrher submits that on 09-06-2025, only petitioner Nos. 1 to 3 had appeared and petitioner Nos.4 and 5 did not appear before the respondent Nos.3 and 4.

10. Learned Govemment Pleader would further submit that since, petitioners did not produce any information and also taking note of the lact that petitioner Nos.4 and 5 did not appear pursuant to notice I (2014) 2 SCC 1 4 issued under Section 35(3) of BNSS, the authorities havc called rhe petitioners again on l5-06-2025. I l. Learned Government Pleader further subrnits thal the authorities after registering crime against the petitioner.s herein, har.ing issued notice under Section 35(3) of BNSS, rvould conduct ir.rvestigation into the aforesaid crime by following duc process ol law

12. The aforesaid subrnission rnade by the learncd (iovcrrrment Pleadel for Home appcaring on behalf of respondenl Nos. I to .1 is placed on record

13. Having regard to the subrnissions made as abovc. since it is now stated before this Court of the efforts made by the respondent policc authorities to bring conciliation between the 1" petitioner and 5th respondent having failed, the authorities have legistcred a case r,.ide Cr.No.301/2025 on 28-05-2025, and, the authorities having issued notice under Section 35(3) of BNSS, this Court is of th: view that rhe respondent authorities are to be directed to conduct inr cstigation into the aforesaid crirne strictly in accordance with law

14. Further, taking note of the submissions madc on behalf of petitioners that the petitioners including petitioner- Nos.l and 5 u,ould appear before the respondent authorities accompanied b 1, an Advocate and subrnit their explanation, this Court is of the view that the pctitioners are to be directed to appear before respondent Nos.3 and 4 on 22-06-2025 to submit their explanation/documents in response to the notice issued under Section 35(3) of BNSS on a5-06-2025

15. Upon petitioners appearing before respondent Nos.3 and 4 authorities on the aforesaid date and subrnitting lheir explanation, the respondent authorities are directed to take lurther action of conducting investigation into the Crime No.30112025 strictly in accordanoe with law.

16. Subject to above observation and direction, the Writ Petition is disposed of. No costs

17. Consequently, miscellaneous petitions, if any pending shatl stand closed. //TRUE COPYII SD/-P. PONNA KRISHNA ISTANT REGISTRAR AS SECTION OFFICER tariat buildings, Hyderabad, perintendent of Police, Khammam ll town Police Station, The Principal Secretary, Home Department, Se State of Telang The Deputy Su Khammam, Khammam district. The Circle lnspector of Police, Khammam ll town Police Station, Khammam, Khammam district. The Sub-lnspector of Police, Khammam ll town Police Station, Khammam, Khammam district. One CC to SRI A.PRABHAKAR RAO, Advocate [OPUC] Two CCs to GP FOR HOME, High Court for the State of Telangana, at Hyderabad. [OUT] Two CD Copies To 1 2 4 q 6 7 PSK. GJP HIGH COURT DATE D : 1 310612025 ORDER WP.No.16079 of 2025 .= iHt 5ia7 ( -) o I 6\ 1B JUN M i * gO DISPOSING OF THE WRIT PETITION WITHOUT COSTS Pl6lu