The High Court · 2025
Case Details
Acts & Sections
Petition under Section 528 of B.N.S.S. praying that in the circrt nstances stated in the Memorandum of Grounds of Criminal Petition, the High Court rr rv be pleased to Stay all further proceedings in c.c. No. 161 oI 2024 on the file of tl e Judicial First class Magistrate at Sirpur-T, for the offences U/s. 498-A, 3 and 4 o' )owry prohibition Act 1961, Pending disposal of the above Criminal Petition and pass This Petition coming on for hearing, upon perusing the M<rr torandum of Grounds of Criminal Petition and upon hearing the arguments of Sri V. . adu Krishna Sainath, Advocate for the Petitioners and the sri Jithender Rao veerarr rlla, Additional public Prosecutor for the State of Telangana on behalf of the Resp,t rdent No.l and none appeared for Respondent No.2. The Court made the following: ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.14569 OF 2025 DATE: 30-12-2025 Between: Saida @ Shaheda Bee and four others And .. Petitioners The State of Telangana, through S.H.O., Kaghaznagar Town P.S., K.B. Asifabad District, Rep. by its Public Prosecutor, High Court for the State of Telangana' at Hyderabad and another Respondents ORDER: This .Criminal Petition is filed by the petitioners-accused Nos.2 to 6 seeking to quash the proceedings against them in C.C.No.161 ot 2024 on the file of learned Judicial Magistrate of First Class, Sirpur-T, registered for the offences under Section 49BA l.P.C. and Sections 3 and 4 of the Dowry Prohibition Act.
2. Heard Sri Yadu Krishna Sainath, learned counsel for the petitionersandSriJithenderRaoVeeramalla,learnedAdditional \--- Public Prosecutor for respondent No.1-State. \ 2 E1'D,J tlrl.P No- I45(19 of2025
3. Learned counsel for the petitioners sult nitted that the petitioners herein are the family members of acc lsed No..l and that they are facing farse ailegations under sect rn 49BA r.p.c. based on the complaint lodged by respondent No.2_de facto complainant. He further submitted that the petitior _:rs are no way concerned with the disputes in the maritar life cf accused No.1 and the de facto complainant. There are no spe() ,ic incidents of harassment and there are no specific allegations ts against the petitioners herein. He, therefore, prayed t r quash proceedings in the present c.c. against the petitior :rs herein. 4. Learned Additional public prosecutor subrr itted that the prosecution could collect evidence and that the.r 6rs specific allegations against the petitioners with specific rlates. He, therefore, prayed to dismiss the Criminal petition.
5. Perused the record 6 The contents of the compraint and the stater rent of LW.1 point out that the petitioners herein arong with accur;r ,cI No.1 used to harass the de facto complainant for want of ad j tional dowry and that on 03.0g 2023, they have abused and be aten the de facto gmplainant for want of additional dowry an(l have driven her out of the matrimonial house. Subsequent 1 , while the /, J ETD.J Crl.P.No.l4569 0t2025 de facto complainant was residing at her parents' house' her mother-in-law's sister has insisted on the payment of additional dowry and that on 01 .01 .2024' she attended the counselling session at Sakhi Center along with the petitioners' but even after counselling, there was no change in the attitude of her family members. Thus, the allegations point out prima facie case against the petitioners herein. The veracity of the witnesses and the truth in the allegations shall be culled out only after a full- fledged trial. Hence, it is deemed appropriate to dispose of the Criminal Petition by dispensing with the attendance of the petitioners before the trial Court.
7. Accordingly, the Criminal Petition is disposed of dispensing with the attendance of the petitioners before the trial Court provided they are represented by a counsel before the trial Court on every date of hearing and shall appear before the trial Court whenever their presence is required during the course of trial' Miscellaneous Petitions pending, if any, shall stand closed sd/- AS P.PONNA KRISHNA [iai'iiteGriinrn ../ /TTRUE COPYI' SECTION OFFICER To The Judicial First Class Magistrate at Sirpur-T 1 C-^;-a-
2. The Station House Officer, Police Station Kaghaznage r Tovrn, K.B. Asifabad District.
3. One CC to SRI V YADU KRISHNA SAINATH Advocate [- DUCJ 4. Two CCs to PUBLIC PROSECUTOR High Court for the itate of Telangana, at Hyderabad [OUT]
5. Two CD Copies [k, f HIGH COURT DATED: 3011212025 ORDER CRLP.No.{4569 of 2025 I i .l !i I r ,r . -1 ),]lfi zj, i. :ipAlCtr';0 DISPOSING THE CRIMINAL PETITION l-'--s.s re\:-frc