Telangana High Court

CRLP/17953/2025 of Altaf Bin Abood Vs The State of Telangana on 31 December 2025

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COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION NO: 17953 OF 2025 Between 1. Altaf Bin Abood, S/o. Sri. Mohd Shabbir Ali, Age 25 years, Occ Salesmen,

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IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

WEDNESDAY,THE THIRTY FIRST DAY OF DECEMBER

TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SMT JUSTICE TIRUMALA DEVI EADA

CRIMINAL PETITION NO: 17953 OF 2025

Between

1. Altaf Bin Abood, S/o. Sri. Mohd Shabbir Ali, Age 25 years, Occ Salesmen, R:/o.

H. No. 18-15-961177/1, Shama Colony, Shastripuram, Mailardevpally, Ranga Reddy. (Husband/A-1)

2. Shabbir Ali, S/o. Sri. Late Hussain Bin Abood, Age 48 years,Occ Private Employee Rl/o. H. No. 18-15-96/1 7711, Shama Colony, Shastripuram, Mailardevpally, Ranga Reddy. (Father in-Law/A-2).

3. Farheen Begum, Wio. Shabbir AIi, age 45 years, Occ House wife R/o. H. No.

18-15-96117711, Shama Colony, Shastripuram, Mailardevpally, Ranga Reddy.

( N/other in-Law/A-3)

4. Rukhsana Begum

Housewife, fuo. H

Sister in-Law/A-4)

alias Ruksar, W/o. Noor Uddin, age. 28 years, Occ.

No. 8-15-36/7/33, Mailardevpally, Ranga Reddy. (Married

5. Nabhia Begum, W/o. Mohd Hadi, Age. 20 years, 0cc. Housewife, Rt/o. H. No.

19-2-2111111111, Maruthi Nagar, Kalaphatar, Hyderabad. (Married Sister in- Law/A-5)

6. tUonA Bin Abood, S/o. Sri. Mohd Shabbir Ali, Age 1B years, 0cc. Salesman, Rr/o. H. No. 18-15-96117711, Shama Colony, Shastripuram, Maiiardevpally, Ranga Reddy. (Unmarried Brother in-Law/A-6).

...PETITIONERYA-1 to A-6

AND

1. The State of Telangana, through S.H.0 W.P.S South Zone, Hyderabad City Rep. by Public Prosecutor High court, Hish court tr,'o]::b#J,Xi'f;.$o;"0"",

2. Smt. Asma Naaz, Wo. Altaf Bin Abood, Age 24 years, Occ Housewife, Rl/o H

No- 19-4-279/D/1 09, Teegal Kunta, Near Govt. Hospital, Teegal Kunta, Hvderabad'cellNo'9182989503

...RESpoNDENT/..M'LA,NANT

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 quash all the proceedings in FlR. No. 1 15 of 2025 of W.P.S South I, I

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Zone Hyderabad City for the alleged offences U/s 85 of BNS and Sec 4 and 6 of D.P Act against Petitioners/A1 to 46 herein

l.A. NO: 2 OF 2025

Petition under Section 528 of BNSS praying that in the circumstances stated in the l\4emorandum of Grounds of Criminal Petition,the High Court may be pleased to STAY all further proceedings against the Petitioners/A1 to Ao herein in of FlR. No. 115 of 2025 of W.P.S South Zone Hyderabad City.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri MOHD

JUNAID AHMED ,Advocate for the Petitioner and Sri Jithender Rao Veeramalla, Addl. Public Prosecutor on behalf of the Respondent No.1 and none appeared for the Respond enl No.2.

The Court made the f ollowing: ORDER

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA

CRIMINAL PETITION No.17953 ot 2025

DATE OF ORDER:- 31.12.202s

Between:

Altaf Bin Abood,

S/o.Sri Mohd.Shabbir Ali,

Fl/o.Ranga Reddy District & 5 others

... Petitioner/Accused Nos.'1 to 6

AND

The State of Telangana

Through SHO, WPS, South zone,

rep. by Public Prosecutor, High Court for the State of Telangana at Hyderabad & another.

...Respondents

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ORDER:

1. This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short'BNSS') seeking to quash the proceedings against the petitioners/accused Nos.1 to 6 in Crime No.1'l 5 of 2025, on the file of W.P.S. South Zone, Hyderabad City, registered for the offences punishable under Section 85 of BNS and Sections 4 & 6 of Dowry Prohibition Act.

2. Heard Sri Mohd.Junaid Ahmed, learned counsel for the petitioners/accused Nos.'l to 6 as well as Sri Jitender Rao I I

ETD, J Crlp 17953-2025 Veeramalla, the learned Additional Public Prosecutor appearing for the respondent No.1 -State.

3. Learned counsel for ihe petitioners has restricted his submission stating that a direction be issued to the Police to consider the explanation submitted by the petitioners and to follow the procedure prescribed under Section 35 (3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS')

On the other hand, the learned Additional Public Prosecutor submitted that the punishment prescribed for the offences alleged against the petitioners is less than seven (07) years and has sought for directions to the Police to proceed with investigation by issuing notice under Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short'BNSS')

5. Perused the record. The allegations leveled against the petitioners pertain to the offences under Section 85 of BNS, 2023 and Sections 4 & 6 of Dowry Prohibition Act, which attracts punishment of less than seven years. Hence, without going into the merits of the case, this Cou( deems it appropriate to direct the petitioners/accused Nos.1 to 6 to appear before the lnvestigating Officer on or before 28.01 .2026 between 1 1:00 a.m. and 05:00 p.m. ItI \ \

ETD, J Crlp _119 53 -2025 and in turn, the lnvestigating Officer is directed to follow the procedure laid down under Section 35(3) of BNSS, 2023 (previously Section 41-A of Criminal Procedure Code, 1973) and also the guidelines formulated by the Hon'ble Supreme Court of lndia in Arnesh Kumar y. Sfate of Biharl scrupulously. However, the petitioners shall submit their defense and co-operate with the lnvestigating Officer as and when required by furnishing information and producing all relevant documents/material required for the purpose of investigation and the lnvestigating Officer shall consider the same and complete the investigation strictly in accordance with law. ln case, the petitioners fail to appear before the lnvestigating Officer within the stipulated time, the lnvestigating Officer is at liberty to take necessary steps in accordance with law.

6. With the above observations, the Criminal Petition is disposed of accordingly

7. As a sequel, miscellaneous petitions, pending if any, shall LCad +) I scc 213 //TRUE COPY// HNA SECTION OFFICER S.I P. PONNA KRIS ASSISTANT REGIST

1. The XV Addl. Chief MetroP olitan Magistrate at H bad-CitY

2. The SHO' PS WPS South MOHD JU Zone (Hyd NAID AHM erab ED ad) Advocate I Hvd OPUC] bad a

3. One CC to SRI 4 One CC to Addl

5. Two CD Copies To, GE/DL PUBLIC PROSECUT OR Advocate IoPUCI I I I sj9{ ct_o99! I

HIGH COURT DATED:311121202s

ORDER

CRLP.No.'t 7953 of 2025 DISPOSING OF THE CRLP WITHOUT COSTS SI;C 2 8 JAl.| ?0?6

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