Deepika @ Shaik Amreen, Vs The State of Telangana — Telangana HC (2025) — LawSathi Research

Deepika @ Shaik Amreen, Vs The State of Telangana — Telangana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Criminal petition disposed of with directions: petitioner to appear before the SHO, Dandepalli Police Station, Mancherial District by 16.04.2025; investigating officer to issue notice under Section 35(3) of BNSS, 2023 in FIR No.28 of 2025 and proceed strictly as per the guidelines of Arnesh Kumar v. State of Bihar; petitioner may submit her explanation for consideration in the investigation and shall cooperate with the investigation; pending miscellaneous applications, if any, shall stand closed. FIR not quashed; no opinion expressed on merits.

Issue for consideration

Whether the proceedings in FIR No.28 of 2025 of Dandepalli Police Station, Mancherial District, against the petitioner/accused No.1 deserved to be quashed. +1 more

Ratio / Principle

Having regard to the fact that the alleged offences are punishable with imprisonment up to seven years and the petitioner/accused No.1 is ready to engage herself in the process, the Court, without going into the merits of the matter, directed the petitioner to appear before the SHO, Dandepalli Police Station, Mancherial District by 16.04.2025, whereupon the investigating officer shall issue notice on the petitioner under Section 35(3) of BNSS, 2023 in FIR No.28 of 2025 and take further proceedings as per the guidelines of Arnesh Kumar v. State of Bihar; the petitioner may submit her explanation for consideration in the investigation and in concluding the complicity, and in unison is directed to cooperate with the investigation.

Detailed headnote1 paragraphs

Criminal Petition under Section 528 of BNSS, 2023 seeking quashment of FIR No.28 of 2025 of Dandepalli Police Station, Mancherial District, registering offences punishable under Sections 292, 115(2), 351(2) read with 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 3(1)(r)(s), 3(2)(va) of SC/STs (POA) Act, 1989 against the petitioner as accused No.1. Counsel submitted that though the alleged offences are punishable with imprisonment up to seven years, no notice under Section 35(3) of BNSS, 2023 was issued and the petitioner apprehended coercive measures; the Additional Public Prosecutor stated the police were ready to issue such notice. HELD: Without going into the merits, and since the offences are punishable with imprisonment up to seven years and the petitioner is ready to engage in the process, the petitioner was directed to appear before the SHO, Dandepalli Police Station by 16.04.2025, whereupon the investigating officer shall issue notice under Section 35(3) of BNSS, 2023 in FIR No.28 of 2025 and take further proceedings as per the guidelines of Arnesh Kumar v. State of Bihar; the petitioner may submit her explanation for consideration in the investigation and in concluding the complicity, and shall cooperate with the investigation. Criminal petition disposed of; pending miscellaneous applications closed.

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

WEDNESDAY,THE NINTH DAY OF APRIL TWO THOUSAND AND TWENW FIVE

PRESENT

THE HoNouRABLE sRt JUSTIcE M.ruxeRnna.lt

CRIMINAL PETITION NO: 4933 OF 2025

Between:

Deepika @ Shaik Amreen, W/o. Shaik Nayeem, Age.27 years, Caste. Muslim, Occ. l-l_ous9^{wiie (Clothstore Business)Fl/o. H.No. 'l -1} ,^{TaltapetVittage, Dandepaili} Mandal, Mancherial District.

...PETITIONEFUACCUSED No.1

AND

The State of Telangana, Station House Officer, P.S.Dandepalli, Relpresented by its Public Prosecutor High Court Building Complex, Hyderabad.

Malem Posawa, Wo. Late Venkati, Aged. 50 years, Occ. House wife, Caste. SC Mala,Tallapet Village, Dandepalli Mandal, Mancherial District.

...RESPONDENT/ De-facto Complainant

Petition under Section 528 of BNSS-2023 praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records pertaining to Crime No (FlR) 28 ol 2025 for the offenses under Section 292, 1'15(2),351(2) R/w 3(5) BNS, section 3 (1) (r) (s), 3 (2) (va) of SC/STs (POA) Act, 1989 of P S Dandepatti, Mancheriat District, as against the petitioner/accused No-1 and to quash the same (FlR)

l.A. NO: 1OF 2025

Petition under Section 528 of BNSS-2023 praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased to stay of all further proceedings including the arrest of the petitioner/accused No-1 in Crime no (FlR) 28 ot 2025 Under section 292, 115(2), 351(2) R/w 3(5) BNS, section 3 (t ) (r) (s), 3 (2) (va) of SC/STs (POA) Act, 1989 of P S Dandepalli, Mancherial District, pending disposal of this Quash petition.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri BANDA PRASADA RAO ,Advocate for the Petitioner and Sri Jithender Rao Veeramalla, Addl. Public Prosecutor on behalf of the Respondent No.1

The Court made the following ORDER:

THE HONOURABLE SRI^{JUSTICE N.TUKARAMJI}

I I

I a

CRIMINAL PETI TION No.4933^{OF 2025}

ORDER

This Criminal Petition is^{filed under Section 528 of Bharatiya} Nagarik Suraksha Sanhita,^{2023 (for short 'BNSS, 2023') seeking} quashment ot the proceedings in FIR No.28 of^{2025 of DandepalliPoiice} Station, tMancherial District,^{against the petitioner.}

The petitioner is arrayed as^{accused No.1 in FIR No.2B of 2025} registered for the offences^{punishable under Sections292'115(2)'351(2)} read with 3(5) of Bharatiya^{Nyaya Sanhita,2023 and Sections 3(1) (r) (s)'} 3(2) (va) of SC/STs^{(POA)Act, 1989.}

Heard Mr.Banda Prasada^{Rao, learned counsel for the petitioner} and Mr.Jithender Rao^{Veeramalla, learned Additional Public Prosecutor} appearing for the respondent^No.1-State

Learned counsel for the^{petitioner wouldsubmitthat though the} petitioner is determined to see the^process through and the^alleged offences are^punishable with an^{imprisonmentupto seven years'the} Police concerned have not issued any^{notice under Section35 (3) of} BNSS, 2023, as such, the^{petitioneris apprehendingcoercive measures} against her. He further submits that^{the petitioneris readyto cooperate} with the investigation, hence^prayed for necessary^{directionsfor issuance} of notice as per law.

**-..r.c--

Cr/.P.No. 19) of 202;

n

5' Learned Additionar pubric prosecutor submits that the porice concerned are ready to issue notice under Section 35 (3) of BNSS, 2023.

6 I have perused the materials on record.

7' Having regard to the fact that the areged offences are punishabre with an imprisonment upto seven years and as the petitioner/accused No'1 is ready to engage herserf in the process, without going into merits of the matter, the petitioner is directed to appear before the SHO, Dandepalli Police Station, Mancherial District by 16.O4.2025, whereupon, the lnvestigating officer shall issue notice on the petitioner under Section 35 (3) of BNSS, 2023, in FrR No.2B of 2025 and take ui: further proceedings as per the guidelines of Arnesh Kumar v. State of Biharl scrupulously. The petitioner may submit her explanation, for consideration in the investigation and in concruding the compricity. rn unison, petitioner is directed to cooperate with the investigalion.

With this direction, this Criminal petition is disposed of.

Pending miscellaneous applications, if any, shall stand closed. SD/. N SRI HARI t 0-D L/Dt^yc-2-73

SD/. N SRI HARI EPUTY REGISTRAR

//TRUE COPYII

SECTION OFFICER

To

The Junior Civi Judge -cum- Judicial Magistrate of First Class, Luxettipet, Mancherial District.

The Station House Officer, Dandepalli Police Station, Mancherial District. 3. Two CCs to Public Prosecutor, High Court for the State of Telangana at Hyderabad. (OUT)

One CC to SRl. BANDA PRASADA RAO, Advocate TOPUCI

Two CD Copies

kut

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HIGH COURT

DATED:09/04/2025

ORDER

CRL.PETITION No.4933 of²⁰²⁵

STA TE
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DISPOSING OF' THE CRL.PETITION