The State of Telangana v. Stale of Biharl . Simultaneously
Case at a glance
Outcome
Disposed of
With this direction, this Criminal Petition is disposed of
Provisions considered
- Bharatiya Nagarik Suraksha Sanhita, 2023 ss. 35(3), 528
- Bharatiya Nyaya Sanhita, 2023 ss. 85, 318(a)
- Dowry Prohibition Act, 1961 ss. 3, 4
Key paragraphs
- Para 77. Considering that the alleged offences are punishable with imprisonment for a term less than seven years. : nd in view of the petitioners' willingness to participate in the investigalive process, the petitioners are directed to appear before the Stat on House Officer (SHO), P.S…
Judgment
The State of Telangana, Represented by Public Prosecutcr, High Court, Hyderabad
Smt. G. Niharika, Wo. Sriram Srivastav, Aged 27 years, Occ- Private Employee, R/o. H.No. 4-41 -1391 N1, Pappireddy Nagar, Jagadgirigutta, Medchal Malkajgiri District ,..RESPONDENTS 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 FIR No 760/2025 dated 2410712025 of P.S. Jagadgirigutta, Cyberabad. Medchal Malkajgiri District. t.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 grant stay of all further proceedings in N.c. 760/2025 dated 24.07.2025 of P.S. Jagadgirigutta, Cyberabad Medchal Malkajgiri District, including the arrest of the petitioners/Accused No. 4 to 6 7 This Petition coming on for hearing. upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the argrtrnents of Sri P V L BHANU PRAKASH ,Advocate for the Petitioners and of :he Additional Public Prosecutor for the State of Telagana on behalf of the Respcndent No1. The Court made the following: ORDER *w"/ THE HONOURABLE SRI JUSTICE N.TUKAR,AMJI CRIMINAL PETITION No. 9580 OF 2025 ORDER This petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashment of the proceedings in Crime No.760 of 2025 daled 24.07.2025, on the file of P.S Jagadgirigutta, Cyberabad, tvledchal-lvlalkajgiri District, against the petitioners/accused Nos.4 to 6
2. Heard lvlr. P.V.L. Bhanu Prakash, learned counsel for petitioners, Mr.Jithender Rao Veeramalla, Iearned Additional Public Prosecutor appearing for the respondent No.1 -State
The petitioners are arrayed as accused Nos.4 to 6 in Crime No.760 of 2025 facing accusation under Sections 318(a), 85 of BNS and Sections 3 and 4 of Dowry Prohibition Act, '1961
Learned counsel for the petitioners respectfully submits that although the petitioners are fully committed to cooperate with the investigative process, they are apprehensive of potential coercive action being taken against them. This concern arises from the fact that, despite the alleged offences being punishable with imprisonment for a term less than seven years, the investigating police authority has not yet issued any notice under Section 35(3) of 2 the Bharatiya Nagarik Suraksha Sanhita, 2023 (Bl.llls). lt is further submitted that the petitioners have no intentiorr of evading the investigation and are willing to extend full cc operation to the authorities. ln the light of these circumstances. learned counsel prays that appropriate directions be issued to the concerned police officials to proceed in accordance with law by issu ng a notice under Section 35(3) of the BNSS, thereby safeguardirrg the petitioners from any unwarranted coercive measures.
Learned Additional Public Prosecutor oppos.:d the petition lhave perused the materials on record
Operative part
Considering that the alleged offences are punishable with imprisonment for a term less than seven years. : nd in view of the petitioners' willingness to participate in the investigalive process, the petitioners are directed to appear before the Stat on House Officer (SHO), P.S Jagadgiriguta, Cyberabad, Medchal-li/,alkalgiri District, within one week from the date of receipt of a cr; pry of this order. Upon such appearance, the lnvestigating Officer shall issue notice to the petitioners under Section 35(3) of the BNI)S, in connection with Crime No.760 of 2025, and shall proceed further strictly in accordance with the guidelines laid down by the {cn'ble Supreme 3 Court in Arnesh Kumar v. Stale of Biharl . Simultaneously, the petitioners are directed to extend full cooperation to the lnvestigating Officer during the course of the investigation B. With this direction, this Criminal Petition is disposed of Pending miscellaneous applications, if any, shall stand closed. To, SD/- A.SREENIVASA REDDY ASSISTANT REGISTRAR 6 \ //TRUE COPY// SECTION OFFICER
1. The Station House Officer , Jagadgirigutta Police Station ,Cyberabad, Medhcal, Malkajgiri District.
2. One CC to SRl. P V L BHANU PRAKASH Advocate IOPUC] 3. Two CCs to the Public Prosecutor, High Court of Telangana. 4. TWO CD Copies EPR/PSL ' (2014) 8 scc 273 HIGH COURT DATED:3010712025 I t ORDER CRLP.No.9580 of 2025 - ,il-. S j4 14: o ( \ o C) t ? ll N0l 2025 * | "^".r'''' CRTMINAL PETITION IS DISPOSED OF. LI la4-
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: With this direction, this Criminal Petition is disposed of
Which statutory provisions did this judgment involve?
Bharatiya Nagarik Suraksha Sanhita, 2023 — ss. 35(3), 528; Bharatiya Nyaya Sanhita, 2023 — ss. 85, 318(a); Dowry Prohibition Act, 1961 — ss. 3, 4.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.