Telangana High Court
CRLP/16672/2026 of Dr D Sandhya Vs The State of Telangana on 9 October 2026
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE NINTH DAY OF OCTOBER TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE J SREENIVAS RAO CRIMINAL PETITION NO: 16672 OF 2026 Between: 1. Dr D Sandhya, Wo Dr D Shyam Prasad, Aged about 43 years Occ lrrledical Officer
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
FRIDAY, THE NINTH DAY OF OCTOBER
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE J SREENIVAS RAO
CRIMINAL PETITION NO: 16672 OF 2026
Between:
1. Dr D Sandhya, Wo Dr D Shyam Prasad, Aged about 43 years Occ lrrledical Officer R/o District Health Centre Station Ghanpur Jangaon District.
2. Dr D Shyam Kumar (Shyam Prasad) S/o D Sambaiah, Aged about 46 years Occ Medical Officer, R/o Primary Heeilth Centre Kondaparthi Village, lnovolu Mandal Hanumakonda District.
..Petitioner/Accused Nos. 4 & 5
AND
1. The State of Telangana, Rep by its Public Prosecutor High Court for the State of Telangana at Hyderabad.
...RespondenUComplainant
2. Sai Supraja Jella, Wo Saveen, Aged about 34 years Occ Housewife R/o Goleti Village Rebbena Mandal Kumaram Bheem Asifabad Distrrct
...RespondenUDefacto Complainant
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 records in FIR No330 of 2026 on the file of PS Rebbana Kumarambheem Asifabad District only to an extent of Accused Nos. 4 & 5.
LA. NO: 1 OF 2026
Petition under Section 528 of BNSS praying that in the circumstances stated in the [\/emorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings rn FIR No. 330 of 2026 on the frle of PS Rebbana Kumarambheem Asifabad Drstrict only to an extent of Accused Nos. 4 and 5 pending finalrzation of the Criminal Petition.
..-aE!!-t-it
This Petition com ng on for hearrng, upon perusing the lvlemorandum of 3rounds of Crrminal Petition and upon hearing the arguments of Sri Jelli Kanakaiah, 'epresenting Sri Narendar Jalli Advocate for the Petitioner and the IVlr. Jithender Rao Veermalla. Additional Public Prosecutor on behalf of the Respondent No.1 and ,r{ None appeared for the Respondent No 2.
'fhe Court made the following: ORDER
-t
IN'THE HIGH COUR'I' FOR THE STA-I'E OF'I'ELANGANA
AT HYDERABAD
THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO
CRIMINAL PETI'TION No.16672 of 2026
CNR No.: H 8HC010696652026
Date:09.10.2026
Betwe en
Dr. D.Sandhl a and anothcr
...Petitioners
AND
The State of'felangana and another.
..Respondents
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
-l his Crirninal Petition has been filed by the in Crime No.330 ol' 2026 o1' Rebbana, Policc Station' petit ioners/accused Nos,4 and 5 seeking to qLrash the proceedings Kr.rmrambheur Aaifabad District, registered for the ollences punishable under Sections 85 of the Bharatiya Nyaya Sanhitha, 2023 (for short 'BNS') and Sections 3 and 4 of the Dowry Prohibition Act, 196 I (fbr short'D.P.Act')
2. Heard Mr.Jelli Kanakaiah, learned Senior Counsel representing Mr.Narcnda| Jalli, learned counsel fbr the petitioners and l\lr.Jithendcr Rao Vec-raualla. learned Additional PLrblic Prosecutor tbr respondent No. I
-
With their consent. the criminal petition is disposed of at the ;1. l-earned counsel for the petitioners submrts that the stage of admission petitioners hare not committed the alleged oit'ences artd have been lalselr irlplicatcd in thc prcscnt case llc lirrrhcr subrnits that pctitiolter \o 1 is thc sistc-r and pettttoncr \o.l is the brother-in- lavn, of accuscd No.l and at no point of time' respondent No'2 and accused No.I lii'ed r', ith the petitioners' l'herelbre' the question of harasstnent b1 the petitioners tbr additional dowry or subjecting respondent No.l to physical and mental harassment does not arise' The petitiorlers are \'ledical Olticers and arc residing in Jangaon and Ilanamkonda [)istlicts' tle turther subrnits that accused No l and respondent No l arc residing in Australia and respondent No 2 filecl the present complaint betbre the Rebbana Police Station' KunluramBhecmAsilabadDistrict,thoughnopanofthecauseof action arosc u ithin the jurisdiction olthe said Police Station'
5. IIe lurther submits that the ingredients ol the offences under SecLrot.ts 85 o1'the llNS and Sections 3 and 'l ol'the [)'P'Act are not attra.rccl .rqairtst the pctitioners and are punishable with imprisonnrcnr of less than seven )ears. The Investigating Officer, withoLrt fbllow ing thc ,randato^, procedure prescribed under -,
Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') and without lollowing the guidelines formulated by the Hon'ble Suprerne Courl in Arnesh Kumar Vs. State of Bihart, is procceding lunhcr ir-r thc matter and the same is contrary to Iaw.
6. Per contra, leamed Additional Public Prosecutor submits that there are specific allegations levelled against the petitioners regarding the harassment caused by them to respondent No.2 and the suppression of the fact ol the mental illness of accused No. l. Whethcr the petitioners har,e comrnitted the otlencc or not have to be revealed dLrring the course of invcstigation and thc petitioners are not entitled to seek quashing of the proceedings at this stage He further submitted that the Investigating Officer wants to follow the procedure contemplated under Section 35(3) of the BNSS and also the guidelines formulated by the Apex Court in Arnesh Kumar (supra) on the ground that the olfences levelled against the petitioncrs are punishable with irnprisonment. less !han ycars. However. the petitioners are avoiding to receive the notice Section 35(3) oIBNSS and not cooperating with the Investigating Officer. '(101.1) 8 SCC 271
-
1 . Ilar ine considcred the rir"al submissions rnade by the respectir e par-ties and upon perusal of the rnatcrial available on record. it reveals that the marriage of accused No' l and respondent No.l rvas pertbrmed on 24.05.2020. and thereafter' marital disputes arose betueen thern.rhe peritioners are the sister and brother-in- Iau o1'accused No.1. fhe record tu(her discloses that the offences lcrr--llcd agair-rst the petitioncrs are punishaLrle r'r'ith imprisonrrent o1'less tharr se\ en )'ears. Lven accorcling to the learned Additional Public ProsecLrtor, the Inrestigating 01ficer will fbllou the procedure contemplated under Section 35(3 ) ol the BNSS and also the gLridelines lormulated by the Apex Couri in Arnesh Kumtr (supra)
In r ieu o1- the sarre. the tn'' estigating Officel is BNSS and lbllow the Arnesh Kumar (suPra) replrrexplanation along entitled to issued b1' the APex Court in and the petitioners are entitled to submit lbllorr the proccdurc contcrnplatcd undcr Scctic'n 35(l) of' thc euidelines w'ith the documents. r.r'hich are ar"ailable w'ith theu-r. to thc Inr"estigating Olficer Accoldinsl-r'.,the Criminal Petition is disposed of
--
Miscellancous applications. pending if any. shall stand c losed SD/- B. REKHA RANI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The Additional Judrcial First Class lvlagistrate at Asifabad.
2. The Station House Officer, Rebbana Police Station, Kumrambhem Asifabad District.
3. Two CCs to the Public Prosecutor, High Court for the State of Telangana, at Hyderabad (OU I)
4. One CC to Sri Narendar Jalli, Advocate [OPUC]
5. Two CD Copies DL/GNK
HIGH COURT DATED: 0911012026
ORDER
CRLP.No.16672 of 2026 DISPOSING OF THE CRIMINAL PETITION Z STAIE ) tB [tI 2rzB f f:; .<- ..1s. \',\ln--\*:-'- , -.,,', ,t-,L/ ( 5\ D, t Y