Telangana High Court
CRLP/16492/2026 of Manikyarao Sandeep Rao Vs The State of Telangana on 7 October 2026
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY, THE SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE J SREENIVAS RAO CRIMINAL PETITIO N NO: 16492 OF 2026 Between: 1 Manikyarao Sandeep Rao, S/o l\lanikyarao Sampath Rao Aged 40 years, Occ.
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
WEDNESDAY, THE SEVENTH DAY OF OCTOBER
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE J SREENIVAS RAO
CRIMINAL PETITIO N NO: 16492 OF 2026
Between:
1 Manikyarao Sandeep Rao, S/o l\lanikyarao Sampath Rao Aged 40 years, Occ. Private Employee R/o HNo 22-8-11O Balaji Nagar Doctors Colony Phase-ll Warangal Telangana-506007
2. Manikyarao Sampath Rao, S/o I\/ari tt/la n ikya raoAged about 72 years' Occ.
Pastor, R/o HNo 22 8-1 1O Balaji Nagar Doctors Colony Phase-ll Warangal Tela ng an a-506007
3 lr,4anikyarao Shailala, Wo lVlanikyarao Sampath Rao Aged about 65 years Housewife R/o H.No.22-8-1 10 Balaji Nagar Doctors Colony Phase ll Warangal Tela nga n a-506007 Presently suffering from serious cardtac ailments and has recently undergone cardiac procedure ,..Petitioner/Accused No.1 to 3
AND
1 The State of Telangana, rep. by its Public Prosecutor High Court of Telangana at Hyderabad
2. T Hephzibah Grace, W/o lVlanikyarao Sandeep Rao Age 34 Years, Occ.
Housewife, R/o Flat No 304 4th Floor Sr Residency Apartments Neredmet New Vidya Nagar Neredmet Hyderabad-500056.
...Respondents/Respondents
Petition under Section 528 of BNSS (old section 482 of Cr.P C) praying that in the circumstances stated in the l\,4emorandum of Grounds of criminal Petition, the High court may be pleased to quash the in FIR No.797 of 2026 daled 1710912026 on the file of Neredmet Police station IValkajgiri commissronerate as the same is untenable either on facts or under law.
l.A. NO: 2 OF 2026
Petition under section 528 of BNSS (old section 482 of cr.p.c)1)raying that in the circumstances stated ln the l,4emorandum of Grounds of crimina] eeiition trre uigrr court miry be pleased to stay of all further proceedings FIR No.797 of 2026 dat6d 17 092026 on the file of Neredmet Police Station Malkajgiri commisr;ionerate.
This [)etrtion comlng on for hearing, upon perusrng the IVlemorandum of Grounds of crimiral Petition and upon hearing the arguments of Sri Jwala F)rasad, Advocate for the Potitioners and sri Jithender Rao Veeramalla, Additional pub,lrc prosecutor on behalf of Respondent No.'1 and none appeared for the Respondent No.2
The Court made the following: ORDER
IN THE IIIGH COURT FOR THE STATE OF TELAITGANA
AT TryDERABAD
TI{E HONOURABLE SRI JUSTICE J.SREENIVAS RAO
CRIMINAL PETTTION No.16492 of2026
CNRNo.H8HC010693162026
Date: 07.10.2026
Between:
Manikyarao Sandeep Rao and 2 others
...Petitioners
AND
State of Telangana, and another
...Respondents
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ORDER
This Criminal Petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, (for short 'the BNSS') by the petitioners/accused Nos.l to 3 seeking to quash the proceedings in Crime No.797 of 2026 of Neredmet Police Station, Malkajgiri District, registered for the offence punishable under Section 85 of the Bharatiya Nyaya Sanhit4 2023 (for short 'the BNS').
2. Heard Mr.Jwala Prasad, leamed counsel for the petitioners and Mr.Jithender Rao Veeramalla, leamed Additional Public Prosecutor, appearing for respondent No.l .
3. With their consent, the criminal petition is disposed ol at the stage of admission.
4. Leamed counsel for the petitioners submits that the petitioners harre not comrnitted any offence and have been falsely implicated in the present crime. Even according to the allegations levelled in the complaint, the ingredients of the offence under Section 85 of the BNS are not attracted. The alleged allegations pertain to the period when accused No.1 and respondent No.2 were residing in Scotland. The SHO, without obtaining prior sanction from the Central Govemment as required under Section 208 of the BNSS, registered the crime and proceeded with the investigation, and the same is contrary to law. He further submits that respondent No.2 implicated petitioner Nos.2 and 3, who are the parents of accused No.1 , by making omnibus allegations, especially, there are no allegations, much less specific allegations, against them about harassing her. Respondent No.2 never lived with petitioner Nos.2 and 3 after her marriage. Hence, continuation of the proceedings against the petitioners is a clear abuse of the process of law. He lurther submits that the offences alleged against the petitioners are punishable with imprisonment for a term of less than soven years. However, the Investigating Officer, without following the mandatory procedurg prescribed under Section 35(3) of the Bharatil'a Nagarik -
Suraksha Sanhitha, 2023 (for short'BNSS') and the guidelines issued by the Apex Corrt in Arnesh Kumar Vs. State of Bihart, is proceeding with the investigation and the same is contrary to law.
5. Per contra, leamed Additional Public Prosecutor submits that there are specific allegations levelled against the petitioners about the harassment made by the petitioners, including physical harassment. Whether the atlegations levelled in the complaint are true or not will be revealed during the course of investigation. The allegations levelled in the complaint pertain to the period when the respondent was not in India. Hence, permission as required under Section 208 of the BNSS is not required from the Central Govemment, especially at this stage. He further submits that the Investigating Officer intends to follow the procedure contemplated under Section 35(3) of the BNSS and the guidelines issued by the Hon'ble Apex Court in Arnesh Kumar (supra) on the ground that the alleged offences levelled against the petitioners are pr.rnishable with imprisonment of less than seven years. However, the petitioners have not been cooperating with the investigation'
6. By way of reply, learned counsel for the petitioners submits that the petitioners will cooperate with the Investigating Offrcer. '(2014) 8 scc 273
7. Having considered the rival submissions made by the respective pa:ties and after perusal of the material available on record, it reveals that petitioner No.l and respondent No.2 are wife and husband. Even acc;ording to rhe leamed counsel, the marital relationship is subsisting. The disputes arise out of their matrimonial life. However, the offences levelled against the petitioners are punishable with imprisonment of less than seven years. Even according to the learned Additional public Prosecutor, the Investigating Officer will follow the procedure contemplated under Section 35(3.1 of the BNSS and also the guidelines fonnulated by the Apex Court in Arnesh Kumar (supra).
8. Taking into consideration the peculiar facts and circumstances of the case and also the submissions made by the respective parties, the petitioners/accused Nos.1 to 3 are directed to appear before the Investigating Officer on or before 27.10.2026, and on such appearance, the Investigating Officer is directed to issue notice under Section 35(3) of BNSS and follow the guidelines issued by the Apex Court in Arnesh Kumar (supra). It is needless to mention that the petitioners/accused Nos.1 to 3 are entitled to put forth their grievance upon receipt of the notice under Section 35(3) of the BNSS and are also entitled to submit the documents, if any, which are in their possession.
To,
9. Accordingly, the Criminal Petition is disposed of. Miscellaneous applications, pending if any, shall stand closed. SD/-C. DEEPIKA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER l.TheIAdditionalJuniorCivilJudgecumlAdditionalJudicialFirstClass Magrstrate Medchal-lvlalkajg iri District at Kushaiguda
2. The Station House Officer, Neredmet Police Station, tt'4alkajgiri
3. One CC to SRl. JWALA PRASAD Advocate tOPUCI 4,TwoCCstoPUBL|CPROSECUToRHighCourtfortheStateofTelangana, at Hyderabad [OUT]
5. Two CD CoPies ADK/GNK G
HIGH COURT DATED: 071101202G
ORDER
CRLP.No.16492 of 2026 DISPOSING OF THE CRLP HE STATA.
oo 11 o0r 2026 / --...1....