Banda Suguna Vs State of Telangana

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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FRIDAY, THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX

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PRESENT

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THE HONOURABLE SMT JUSTICE TIRUMALA DEVI EADA

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CRIN/INAL PETITION NO: 14233 OF 2025

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Between

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Banda Suguna, Wo Banda Ramulu, Occ. House hold, Aged about 57 years, R/o Flat No.12, Block-16, Krupaanand Apts.. Anandbagh, Medchal-lt/aljgiri Dist.

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2.Banda Ramulu,S/oLateBeeraiah, Occ.Retired Employee, Aged about 64years, R/oFlatNo12,Block-16, Krupaanand Apts., Anandbagh,tr/edchal-t/aljgiriDist.
3Banda Venu,WoBandaRamulu, Occ:Pvt.Service,Agedabout38 years, R/oFlatNo-4,Block-1^'1, KrupaanandApts., Anandbagh,IVledchal-lMaljgiriDist. Petrtioner/Accused No.2 to4 D
1.StateofTelangana, Rep.byitsPublicProsecutor, High Court of Telangana, at Hyderabad.
2.Banda Nishitha,WoBanda Srinivas, Occ.House wife,Agedabout28years, R/o.PlotNo.556, RoadNo.03, StreetNo.07,Kranthi Colony, Bolligudem Village, Chengicherla, l\iledipally[\rlandal, IVledchalA/aljgiriDist ..RespondenUComplainants

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AND

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Petition under Section U/s 528 of B N.S.S. praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash proceedings C-C.No. 799 of 2025, on the file of the Vl Additional Judicial lvlagistrale, I/edcha l-tvla lkajg iri Dist, at L.B.Nagar for the offence U/s 85, 351(2) BNS and Sec,3 and 4 of D.P. Act.

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I.A, NO: 1OF 2025

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Petition under Section 482 of Cr.p .C praying that rr the circumsta nces stated in the Memorandum of Grounds of Criminal petiti,: I the High Court may be pleased it is also prayed that this court may stay a I fu rther proceed ings against the petitioners herein in C.C. No 799 of 2025. ,n the file of the Vl Additional Judiciai lr,4agistrate, IVedchal I\4alkalgiri Dist. I t L B.Naqar for the of{ence Uis 85, 351(2) BNS and Sec 3 and 4 of D p.Act

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This Petrtion coming on for hearing, upon perusinr the Memorandum of Grounds of Criminal petition and upon hearing tlte arg Lt ments of Sri C. Viswanath, Advocate for the petitioners and the I Lrblic Prosecutor on behalf of the Respondent No.^'1 .

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The Courl made the following. ORDER

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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THE HON'BLE SMT. JUSTICE TIRUMALA DEVIEADA

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CRIMINAL PETITION No.14233 oI2O25

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Date: 09.01.2026

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Between

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Banda Suguna and two others-

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Petitioners/accused Nos. 2 to 4

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AND

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State of Telangana, Rep. by its Public Prosecutor, High Cou( of Telangana at Hyderabad and another.

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... Respondents

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ORDER:-

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'1 . This Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 seeking the Court to^quash the^proceedings against the^{petitioners/accused} Nos.2 to 4 in C.C.No.799 of 2025, on the file of the learned Vl Additional Judicial Magistrate, Medchal-Malkajgiri District at L.B Nagar, registered for the offences punishable under Sections 85, 351(2) of the Bharatiya Nyaya Sanhita^(BNS), 2023 and Section³ and 4 of the Dowry Prohibition Act (DP), 1961

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2

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EID,J Crl-P-No 14233 2025

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Heard Sri C Vishwanath, learned c r Lrnsel for the petitioners/accused Nos.2 to 4 as well as t; Jitender Rao Veeramalla, the learned Additional Public Proser;r r tr appearing for the respondent No.1 -State.

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Learned counsel for the petitioners submits ilr rr. the petitioners have never harassed the de-facto complainant ani rat there are no specific allegations or incidents of harassment all: ;ed against the petitioners. lt is further submitted that when omnibu ; allegations are levelled against the petitioners, continuation of prcc:edings against them would be abuse of process of law_ Hence, pr:, e:d to quash the proceedings again st the petitioners.

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The learned Additional^public prosecutor sutr ritted that there are specrfic allegations against the petitioners wi.l regard to the harassment meted out by the de-facto complairrr rrt as per the statement of the de-facto complainant and the < cntents of the complaint. He therefore prayed to dismiss the petitic,r .

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Perused the record. The contents of the, <;omplaint, the recitals of the charge sheet and the statement r f the de_facto complainant point out specific allegations againsl the petitioners herein that they used to harass the de-facto complir rant physically i and mentally by abusing her in filthy language. lt ir; further alleged

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ETD,J Crl.P.No.14233 2025

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1

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that all the family members of the de-facto complainant used to complain against her to accused No.1, pursuant to which accused No.1 used to beat her believing their words. lt is further alleged that the brother-in-law of the de-facto complainant, who is the petitioner No.3/accused No.4, used to abuse her by stating that she was very poor in academics and that is the reason she has failed in certain subjects in her degree. On that pretext, it is alleged that the husband of the de-facto complainant used to beat her on her private pa(s and further alleged that all the family members used to abuse and threaten to kill the de-facto complainant. lt is further alleged that the marriage was not consummated due to the repeated complaints made by the family members and the collusive acts of all the family members along with accused No.1.

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Thus, the allegations do point out prima facie case against the petitioners herein for the offences punishable under Sections g5, 351(2) of BNS and Section 3 and 4 of D.p. Act, 1961. The veracity of the witnesses and the truth or otherurrrise in the allegations can be culled out only after a full-fledged trial. ln view of the above, it would not be appropriate to quash the proceedings against the petitioners at this stage, since C.C.No.799 oI 2O2S is pending for trial.

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4

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fro,l Crl.P.No 14233 2025

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However, this Court deems it proper to dispense.,r th the presence of the petitioners before the Trial Court.

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Hence, the Criminal Petition is disposed of d s :ensing with the presence of the petitioners/accused Nos.2 to 4 befo = the Trial Court provided that the petitioners are represented thro., 7h an Advocate on every date of hearing and that they shall be pr,5sn1 before the Trial Court whenever they are specificalty required : tring the course of trial.

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lr,4iscellaneous petitions pending, if any, shall ; ernd closed

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Sd/- S. l\ ALLIKARJUNA RAO ASS ISTANT REGISTRAR i\

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I //TRUE COPY//

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To,

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, SECTION OFFICER i ..

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1 The VI Acldrtronal Judrcral l,4agistrate, Medch; I It/alkajgiri Dist., at L.B.Nagar 2 One CC to Srr^(1. Viswanath, Advocate [OPUC] Two CCs to Ttre Public Prosecutor, High Court for thrr state of Telangana at Hyderabad [OUT] 4 Two CD Copies

HIGH COURT

DATED:09/01/2026

ORDER

CRLP No 14233 of2025

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CRIIVINAL PETITION IS DISPOSED OF