Hyderabad High Court · 2025

2. Smt. Kasthuri Anugna, Wo. S.Sai Ganesh Chary, Aged 27 years, Occ. Housewife, R/o. H.No.8-255, New Vivekananda Nagar, Chintal, Quthbullapur Mandal, Medchal Malkajgiri District ... Res po n de nts/Com pla ina nt 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 call for the entire records in F.l.R.No.'1075 ol 2025, dated 0311112025, on the file of S.H.O., Jeedimetla Police Station, Medchal Malkajgiri District against the petitioners/accused No.1 to 4 and quash the same in the interest of justice. l.A. NO: 2OF 2025 Petition under Section 528 of BNSS praying that ir the circumstances stated in the Memorandum of Grounds of Crimrnal Petitior. the High Court may be pleased to grant stay of all further proceedings includir:; appearance of the petitio n e rs/accu sed Nos'1 to 4 in F l.R.No.1075 of 2025 cated 03t11/2025, on the file of S.H.O. Jeedimetla Police Station, Medchal Malka giri District, pending disposal of the above criminal petition. This Petitron coming on for hearing upon perusing he Memorandum of Grounds of Criminal Petition and upon hearing the argumel s of Sri IVIUTHyALA MURALIDHAR, Advocate for the Petitioners and the Sri Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Fl,,,spondent No.1, and none appeared for the Respondent No.2. The Court made the following: ORDER TN THE HTGH COURT FORTHE STATE OF TELANGANA A'I HYDERABAD THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO CRIMINAL PETITION No.16190 of 2025 Date:08.12.2025 Between: Sriram Sai Ganesh Chary @Sriram Ganesh and three others AND The State ofTelangana, Rep. by Public Prosecutor. High Court of Judicature at Hyderabad, Through the S.H.O., Jeedimetla Police Station, Medchal Malkajgiri District and another ..Petitioners .Respondents Order This Criminal Petition is filed seeking to quash the proceedings in FIR No.1075 of 2025, on the file of the Jeedimetla Police Station, Medchal Malkajgiri District, wherein the petitioners were arrayed as accused Nos.1 to 4, for the offences punishable under Sections 85 and 3(5) ofthe Bharatiya Nyaya Sanhitha, 2023 (for short 'BNS') and Sections 3 and4 of the Dowry Prohibition Act, 1961 (for short 'DP Act'). 2

2. Heard Mr.M.Muralidhar, learned counsel fo the petitioners and Mr.Jithender Rao Veeramalla, Ieamed Ac r itional Public Prosecutor for resporrdent No. 1-State

3. Learned counsel tbr the petitioners vehementl.r contended that the petitioners have not committed the offences antl that they were falsely implicated in the present crime. Even ar:r rording 16 15. allegations made in the complaint, the marriage of ai:,rused No.l and respondent No.2 was pcrtbrmed on 18.10.2024, and -t,spondent No.2 left the matrimonial house in the month of D: .;ember , 2024. However, at the instance of the elders, respondent I,l r.2 retumed in the month ol' April, 2025, and. she voluntarily le i the house ol accused No.1 in the month of May, 2025. Respondent .,{o.2 lived with accused No.1 only for a period of 45 days from the dar.e of marriage. He further subrnitted that petitioner Nos.2 to 4/accus,:d Nos.2 to 4, who are the parents and sister of accused No.1, were in rplicated in the present crime by making omnibus allegations. He als,t submitted that respondent No.2 and accused No. 1 never lived with accused Nos.2 to 4. Hence, the ingredients of the alleged cllbnces are not attracted against the petitioners. Therefore, c:utinuation of proceedings;r/ainst the petitioners is a clear abuse ol' rrrocess of law and the same are liable to be quashed. / ',, I ! ! I ! ; i a I t I w 3

4. Per contra, the leamed Additional Public Prosecutor subrnitted that the offences levelled against the petitioners are punishable rvith imprisonment of less than seven years. He further submitted that the Investigating Officer has already issued a notice under Section 4l-A ol the Criminal Procedure Code, I973 (for short, 'Cr.P.C.')/Scction 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'BNSS') to accused No. I on 05.11.2025, but he has not submined any explanation. However, the Investigating Offrcer is ready and willing to comply with the procedure contemplated under Section 4l- A of the Cr.P.C./Section 35(3) of the BNSS and also the guidelines formulated by the Apex CotrI in Arnesh Kumar Vs. State of Bihart.

5. Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that the offences levelled against the petitioners are punishable with imprisonment of less than seven years. The t ... Investigating Officer has already issued notice under Section 4l-A of the Cr.P.C/Section 35(3) of the BNSS to accused No.1 on 05.11.2025

6. In view of the same, the petitioners/accused Nos.2 to 4 are directed to appear before the Investigating Officer, on or before '(2014) 8 scc 273 4

20.12.2025, and on such appearance, the Investiga t.ing Officer is entitled to issue notice under Section 41-A of Cr.P.l./Section 35(3) of BNSS and lbllow the guidclincs issued by the \pex Court in Arnesh Kumur stpra. 7 . It is made clear that the petitioners are enLrr.led to submit reply/explanation along with the documents, which a'r, available with them, to the Investigating Officcr

8. If the petitioners lail to appear beforc the Inver igating Officer within thc stipulated tirne, tl.re Invcstigating Officer iri ,;ntitled to take action against them in accordancc rr,ith la$,.

9. Subject to the above clirections, the Crirn rLal Petition is disposed of Miscellaneous applications, pending if any, shatJ stand closed. SD/- T SRIDEVI ASIi STANT REGISTRAR -.: ,* SECTION OFFICER //TRUE COPY// To, w

1. The Vlll Additional Metropolitan Magistrate at Medchal I yberabad, Medchal District.

2. f he Station House Officer, Jeedimetla Police Station, Cy rrerabad. 3. Two CCs to the Public Prosecutor, High Court for the S:i te of Telangana at Hyderabad [OUT]

4. One CC to SRl. MUTHYALA MURALIDHAR Advocate [)pUC] 5. Two CD Copies -., ,".'ry&.*':ri"-.r=-*"'lt'a""- rl.rs'-.G*|.!E HIGH COURT DATED:0811212025 .s ,\s t\ ( I ,l * , E, ORDER CRLP.No.16190 ot 2025 &0tH * DISPOSING THE CRIMINAL PETITION \v \l