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2025 Supreme(Online)(AP) 11222
HIGH COURT OF ANDHRA PRADESH
N. HARINATH, J
Thondu Harsha Vardhan, Thondu Lakshmidevamma – Appellant
Versus
The State of Andhra Pradesh – Respondent
CRIMINAL PETITION NO: 5964 OF 2025
For the Appellants/Petitioners: Dhanunjaya Baru
For the Respondents: Public Prosecutor
Court directed adherence to investigative procedures in ongoing investigations related to false implications in dowry cases.
Headnote:(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 35(3) - Dowry Prohibition Act - Allegations of false implication under the relevant sections - The court directed the Station House Officer/Investigating Officer to adhere to prescribed investigative procedures. (Paras 1, 3)
(B) Criminal proceedings - The petitioners sought to quash the FIR based on claims of false implications, highlighting the investigation stage of proceedings - The court's observations covered the balance between personal liberties and law enforcement duties in cases of alleged dowry offences. (Paras 1-2, 3)
Facts of the case:
Petitioners allege false implications in a dowry-related FIR. The police investigation is ongoing.
Findings of Court:
The investigation must follow the procedural requirements as outlined by law for fairness.
Issues: The main issue is the risk of false allegations and the appropriate conduct of police investigations.
Ratio Decidendi: The court emphasizes proper investigative procedures, balancing personal liberties with procedural propriety in ongoing investigations.
Result: Criminal petition is disposed of, with directives for procedural compliance.
| Table of Content |
|---|
| 1. summary of fir and petitions (Para 1 , 2) |
| 2. arguments presented regarding the fir (Para 3) |
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE EIGHTEENTH DAY OF JUNE TWO THOUSANDAND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5964 OF 2025 Between:
1. Thondu Harsha Vardhan, S/o. Late T. Subramanyam, Aged 31 years.
Occ Business, R/o D.No. 2-799, Kondamitta, GST Centre, Srikalahasthi Mandal and Post, Tirupati District.
2. Thondu Lakshmidevamma, W/o. Late T. Subramanyam, Aged 64 years, Occ Retd. School H.M., R/o D.No. 2-799, Kondamitta, GST Centre, Srikalahasthi Mandal and Post, Tirupati District.
...PETITIONERS/ACCUSED 1 & 2 AND The State of Andhra Pradesh, Rep. by its Public Prosecutor High Court Amaravathi, Guntur District.
...RESPONDENT/COMPLAINANT Chukkala Pooja, W/o. Thondu Harsha Vardhan, D/o Bathinaiah, Aged about 31 years, Employee, R/o Chukkalanidi Gallu Village, Srikalahasthi Mandal, Tirupati District.
...RESPONDENT/DEFACTO COMPLAINANT Petition under Section 528 OF BNSS ACT, 2023 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the FIR No.
No.98/2025, dated 17-05-2025 on the file of Srikalhasthi Rural Police Station.
I.A. NO: 2 OF 2025 Petition under Section 482 of Cr.P.C 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 arrest of the petitioners/Accused 1 & 2 in connection with the FIR No.
No.98/2025, dated 17-05-2025 on the file of Srikalhasthi Rural Police Station.
I.A. NO: 1 OF 2025 Petition under Section 482 of Cr.P.C 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 arrest of the petitioners/Accused 1 & 2 in connection with the FIR No.
No.98/2025, dated 17-05-2025 on the file of Srikalhasthi Rural Police Station.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Dhanunjaya Baru, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and None Appeared for the Respondent No.2.
The Court made the following ORDER :
(
APHC010288782025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3457]
(Special Original Jurisdiction)
WEDNESDAY, THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5964/2025 Between:
Thondu Harsha Vardhan and Others ...PETITIONER/ACCUSED(S)
AND The State Of Andhra Pradesh and ...RESPONDENT/COMPLAINANT(S)
Others Counsel for the Petitioner/accused(S);
1.DHANUNJAYA BARU Counsel for the Respondent/complainant(S):
1.PUBLIC PROSECUTOR The Court made the following Order:
The learned counsel appearing for the petitioners submits that the petitioners have been falsely implicated in Crime No. 98 of 2025 on the file of Srikalhasthi Rural Police Station, Tirupathi District, for the alleged offence under Section 85 of BNS and Sections 3 and 4 of Dowry Prohibition Act.
2. The learned Assistant Public Prosecutor submits that the matter is still at the investigation stage.
3. Considering the submissions of the both the learned counsel, the criminal petition is disposed off, directing the Station House Officer/Investigating Officer for the purpose of investigation in Crime No. 98 of 2025 on the file of Srikalhasthi Rural Police Station, Tirupathi District, to follow the procedure as contemplated under Section 35 (3) of the Bharatiya Nagarik Suraksha Sanhita
