The High Court · 2025

1. The State of Telangana, Rep. by its public Prosecutor High Court, Hyderabad 2. Smt. Shantha Wo. Shivannand Bhajanthri D/o. Prabhakar, Aged about 21 years, Occ: House-Wife, R/o. H. No. 1 6-1 -1 83, Pusalabasthi, Saidabad, Hyderabad, Telangana State. ...RespondenUComplainant 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. l'18i2025, dated 28.07.2025, of P.S. WPS South East Zone, Hyderabad, registered for offences under Sections 85, 351(2) BNS and Sections 3 and 4 of the Dowry Prohibition Act, insofar as the Petitioners (Al to A5) are concerned. LA. NO: 2OF 2025 Petition under Section 528 of BNSS praying that ir the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay of all proceedings against the PetitioneriA ccused. No.1 to 5 in Crime No.29i2025 on the file of the ll Class Executive Magis trate-cum-Tahasildar Rajendranagar Ranga Reddy District This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri G.Saritha, Advocate for the Petitioners and the Sri Jithender Rao \'eeramalla, Assistant Public Prosecutor on behalf of the Respondent No.1 and n,:rne appeared for the Respondent No.2. The Court made the following: ORDER I THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.10506 OF 2025 ORDER: This Criminal Petition is filed by the petitioners - accused Nos.1 to 5 seeking to quash the proceedings in FIR No.11B of 2025 on the file of P.S. WPS South East Zone, Hyderabad, registered for the offences under Sections 85, 351(2) of The Bharatiya Nyaya Sanhita, 2023 (for short "BNS, 2023") and Section 3 & 4 of the Dowry Prohibition Act (for short "DP Act")

2. Heard the submissions of Sri Syed Ahmed, learned counse! for the petitioners and Sri Jithender Rao Veeramalla, learned Assistant Public Prosecutor for respondent No.1 - State.

3. The learned counsel for the petitioners submitted that the place of offence is in the State of Karnataka, and that the Police herein do not have any jurisdiction to register the FlR. Hence, the registration of FIR itself is not proper and therefore, prayed to quash the proceedings against the petitioners

4. The learned Assistant Public Prosecutor has submitted that the proceedings cannot be quashed on the ground ofjurisdiction and that even if it is without jurisdiction, the Pollce can transfer the same -' k r-- z to the concerned State. He further submitted ti.rat the notice under Section 35(3) is already issued on the petitioners herein. Therefore, prayed to dismiss the petition.

5. Perused the record.

6. A perusal of the complaint reveals the offenc:s to have been occurred at Bijapur, Karnataka District. However, the police can register Zero FiR, even when they do not have ary jurisdiction as per Section 173 of BNSS. This is to prevent victims from being delayed or denied justice when they are in urgent or threatening situation. The Police are also issued sop with regarri to such kind of FIR's by Bureau of Police Research and Developntent, IVlinistry of Home Affairs.

7. The BNSS-2023 has replaced Criminal procedure Code, .1973 and the provisions of registration of a cognizable offence is now provided under Section 113 of BNSS instead of Section 154 of Cr.P.C. The SOP outlines the following procedural s:eps which may be followed for submissions and processing of Zero F.lRs "1 . Lodging a Zero FtR under BNSS Step 1 : A complainant approaches any polic.e trrespective of territorial jurisdiction (1 l3 (1) to complain. station A/VSS) 1 Sfep 2: On the receip1t of any information regarding the commission of cognizable offence which has been committed outside of the territorial jurisdiction of that police station, the SHO or the officer on duty records the details of the complaint in the Zero FIR register, irrespective of the jurisdiction shall register the case as Zero FIR or 'O' FIR under relevant sections of law. As per provisions of 173(1) of BNSS. Step 3; After fulfilling the requirements under Secllon 773 BNSS, the officer registers the Zero FlR. The FtR number is prefixed with "Zero" to indicate it is a Zero FlR. A copy of the information as recorded under sub- section (1) shall be given forthwith, free of cost, to the informant or the victim (173 (2) 8ruSS/. After the registration of Zero FlR, if necessary, primary investigation may be done by the lnvestigation Officer of same police station (e.g., Medical Examination of a Rape victim. Step 4: The police station the incident. officer forvvards the Zero FIR to the having jurisdiction over the place. of Sfep 5: The concerned police station receives the Zero FIR and re-registers it as a regular FIR in their records. Step 6; The SHO assigns the FIR to an lnvestigating Officer for fufther action." 8 Therefore, there is no impediment in registering the FlR. However, in the present case the FIR is registered but the police have committed an error by not mentioning Zerc in front of the Number assigned that is it could have been numbered as'0118 of 2025', but instead they have shown the number as '1 18 of 2025'. \ 4

9. ln the result, the Criminal Petition is disposed of, directing the Police to complete the necessary formalities and trarrsfer the case to the Police at Karnataka, who have jurisdiction lVlisce!laneous applications pending, if any, sh;rll stand closed SD/- MOHD.ISMAIL )EPUTY REGISTRAR t t SECTION OFFICER //TRUE COPY// l I l \ To, 1 . The XV Additional Chief Metropolitan Magistrate at Hyd erabad City. 2. The Station House Officer, WPs South East Zone (Hyd':rabad) Police Station Hyderabad.

3. One CC to Ms G.Saritha, Advocate IOPUCI 4. Two CD Copies W NVB/PSL HIGH COURT DATED:2910812025 ORDER GRLP.No.10506 ot 2025

1." :.- itr- t--- 12 SEP M

1.r\ .1 C) \\ t !.)€-sp.. .+ i::)2' : DISPOSING THE CRIMINAL PETITION (, 1 \)/ ,Lr q