The High Court · 2025

6. tUonA Bin Abood, S/o. Sri. Mohd Shabbir Ali, Age 1B years, 0cc. Salesman, Rr/o. H. No. 18-15-96117711, Shama Colony, Shastripuram, Maiiardevpally, Ranga Reddy. (Unmarried Brother in-Law/A-6). AND ...PETITIONERYA-1 to A-6

1. The State of Telangana, through S.H.0 W.P.S South Zone, Hyderabad City Rep. by Public Prosecutor High court, Hish court tr,'o]::b#J,Xi'f;.$o;"0"",

2. Smt. Asma Naaz, Wo. Altaf Bin Abood, Age 24 years, Occ Housewife, Rl/o H No- 19-4-279/D/1 09, Teegal Kunta, Near Govt. Hospital, Teegal Kunta, Hvderabad'cellNo'9182989503 ...RESpoNDENT/..M'LA,NANT 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 all the proceedings in FlR. No. 1 15 of 2025 of W.P.S South I , I I I I I I Zone Hyderabad City for the alleged offences U/s 85 of BNS and Sec 4 and 6 of D.P Act against Petitioners/A1 to 46 herein l.A. NO: 2 OF 2025 Petition under Section 528 of BNSS praying that in the circumstances stated in the l\4emorandum of Grounds of Criminal Petition,the High Court may be pleased to STAY all further proceedings against the Petitioners/A1 to Ao herein in of FlR. No. 115 of 2025 of W.P.S South Zone Hyderabad City. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri MOHD JUNAID AHMED ,Advocate for the Petitioner and Sri Jithender Rao Veeramalla, Addl. Public Prosecutor on behalf of the Respondent No.1 and none appeared for the Respond enl No.2. The Court made the f ollowing: ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.17953 ot 2025 DATE OF ORDER:- 31.12.202s Between: Altaf Bin Abood, S/o.Sri Mohd.Shabbir Ali, Fl/o.Ranga Reddy District & 5 others ... Petitioner/Accused Nos.'1 to 6 AND The State of Telangana Through SHO, WPS, South zone, rep. by Public Prosecutor, High Court for the State of Telangana at Hyderabad & another. ...Respondents ORDER: 1. This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short'BNSS') seeking to quash the proceedings against the petitioners/accused Nos.1 to 6 in Crime No.1'l 5 of 2025, on the file of W.P.S. South Zone, Hyderabad City, registered for the offences punishable under Section 85 of BNS and Sections 4 & 6 of Dowry Prohibition Act.

2. Heard Sri Mohd.Junaid Ahmed, learned counsel for the petitioners/accused Nos.'l to 6 as well as Sri Jitender Rao I I 2 ETD, J Crlp 17953-2025 Veeramalla, the learned Additional Public Prosecutor appearing for the respondent No.1 -State.

3. Learned counsel for ihe petitioners has restricted his submission stating that a direction be issued to the Police to consider the explanation submitted by the petitioners and to follow the procedure prescribed under Section 35 (3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') 4- On the other hand, the learned Additional Public Prosecutor submitted that the punishment prescribed for the offences alleged against the petitioners is less than seven (07) years and has sought for directions to the Police to proceed with investigation by issuing notice under Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short'BNSS')

5. Perused the record. The allegations leveled against the petitioners pertain to the offences under Section 85 of BNS, 2023 and Sections 4 & 6 of Dowry Prohibition Act, which attracts punishment of less than seven years. Hence, without going into the merits of the case, this Cou( deems it appropriate to direct the petitioners/accused Nos.1 to 6 to appear before the lnvestigating Officer on or before 28.01 .2026 between 1 1:00 a.m. and 05:00 p.m. I tI \ \ 3 ETD, J Crlp _119 53 -2025 and in turn, the lnvestigating Officer is directed to follow the procedure laid down under Section 35(3) of BNSS, 2023 (previously Section 41-A of Criminal Procedure Code, 1973) and also the guidelines formulated by the Hon'ble Supreme Court of lndia in Arnesh Kumar y. Sfate of Biharl scrupulously. However, the petitioners shall submit their defense and co-operate with the lnvestigating Officer as and when required by furnishing information and producing all relevant documents/material required for the purpose of investigation and the lnvestigating Officer shall consider the same and complete the investigation strictly in accordance with law. ln case, the petitioners fail to appear before the lnvestigating Officer within the stipulated time, the lnvestigating Officer is at liberty to take necessary steps in accordance with law.

6. With the above observations, the Criminal Petition is disposed of accordingly I I I

7. As a sequel, miscellaneous petitions, pending if any, shall sj9{ ct_o99! S.I P. PONNA KRIS ASSISTANT REGIST HNA LCad +) I scc 213 //TRUE COPY// SECTION OF FICER I To, bad-CitY 1. The XV Addl. Chief MetroP olitan Mag istrate at H a ad) Hvd 2. The SHO' PS WPS South OPUC] Ad vocate I ED 3. One CC to SRI MOHD JU PUBLIC PROSECUT OR Advocate IoPUCI 4 One CC to Addl 5. Two CD Copies GE/DL Zone (Hyd NAID AHM HIGH COURT DATED:311121202s ORDER CRLP.No.'t 7953 of 2025 SI;C I 2 8 JAl.| ?0?6 * 7 -4. DISPOSING OF THE CRLP WITHOUT COSTS @