The High Court disposed of a petition under Section 528 BNSS seeking quashing of FIRs for dowry-related offences. Noting the punishment is less than seven years, the court directed the petitioners to appear before the I.O. within 5 days following Arnesh Kumar guidelines to submit a defense.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT FOR THESTATEOF TELANGANA AT HYDERABAD
MONDAY, THE SECONDDAY OF SEPTEMBER TWO THOUSAND ANDTWENTYFOUR
PRESENT
THE HONOURABLE SMT JUSTICEK. SUJANA
CRIMINAL PETITIONNO: 10139 OF 2024
Between:
...PETITIONERYACGUSEDNO. 1 &2
AND
...RESPONDENTS/DE.FACTOCOMPLAINANT
Petition under Section528 of B.N.S.S. prayingthat in the circumstances stated in the Memorandumof Groundsof criminalPetition,the High court may be pleased to Quash theproceedings in crimeNo.40612024U/Sec.85, r/w 3(5) BNS. b, + Opn on thefile ofP.S. lbrahimpatnam againstthe petitioners/accusedNo.1 and 2.
l.A. NO: 2OF 2024
Petition under Section528 of B.N.S.S. prayingthat in the circumstances stated in the [Vlemorandumof Groundsof criminalPetition,the High court may be pleased to stay all furtherproceedings including arrest of the petitioners/Accused No.1 and 2 in drimeNo.4o;612o24U/Sec.85, r/w 3(5) BNS' 3, 4 DPA on the file of P.S. lbrahimpatnampendingdisposal of the maln petition for quashingthe same
This Petition coming onfor hearing, upon perusingthe Memorandumof Grounds of criminal Petitionand upon hearing the arguments of sri DurgaiahM, Advocate for the Petitionerand the sri E. Ganesh,Public Prosecutoron behalf of the Respondent No.1 andof None appeared for the RespondentNo 2'
The Gourt made the following:ORDER
I I
THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.1O139 of 2024
ORDER:
This Criminal Petition is liled under Section S2g Bharatiya Nagarik Suraksha Sanhita (for short tsNSSJ by the petitioners/accused Nos.1 and 2 seeking to quash the proceedings against them in Crime No.406 of 2024 of Ibrahimpatnam Police Station, Rachakonda Commissionerate, registered for the alleged offences punishable under Sections g5 read with 3(5) of the Bharatiya Nyaya Sanhita (for short.BNSJ ald Sections 3 and 4 of the DowrSi prohibition Act (for short 'DPA).
2
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to follow the procedure laid down under Section 35 (3) of BNSS (previously section 4 1-A of Criminal Procedure Code) and also the guidelines formulated by the Hontrle Supreme Court of India in Arnesh Kumar u. State of Biharr scrupulously. However, the petitioners shall submit their defense and co-operate with the Investigating Offrcer as and when required by furnishing information and produce all relevant documents/material required for the purpose of the investigation and the Investigating Officer sha,ll consider the sarne before filing appropriate report belore the learned Magistrate concerned.
4. Accordingly, the Criminal Petition is disposed of.
Miscellaneous applications, if any pending, shall also
stand closed.
Sd/. T. TIRUMALA DEVI ASSISTANUGISTRAR
\
//TRUE COPY//
SECTION OFFICER
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HIGH COURT
DATED:0210912O24
ORDER
CRLP.No.'10139 ot 2024
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CRIMINAL PETITION IS DISPOSED OF
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2 issues framed by the court
Whether to quash criminal proceedings for alleged offences under Sections 85 and 3(5) BNS and Dowry Prohibition Act.
Whether the petitioners need to appear before the Investigating Officer for inquiry before final disposal.
4 provisions across 3 enactments
Banala Naresh
Banala Jayamma
State of Telangana
Banala Mounika
K. SUJANA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
