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2025 Supreme(Online)(TEL) 5811

HIGH COURT OF TELANGANA
N. TUKARAMJI, J
Rajasekhar Behara – Appellant
Versus
The State of Telangana – Respondent


Judgement Key Points

Based on the provided legal document, here are the key points:

  • The document is a Criminal Petition No.3714 of 2025 filed before the Honourable Sri Justice N. Tukaramji, seeking the quashment of proceedings under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) (!) .
  • The petition concerns C.C.No.1929 of 2021 filed by the II Metropolitan Magistrate, Cyberabad at LB Nagar, against Accused Nos.1 and 2 (!) .
  • The charges alleged against the petitioners are under Sections 498 and 380 of the Indian Penal Code (IPC) (!) .
  • The prosecution case states that Accused No.2 married the de facto complainant, later left with Accused No.1, and subsequently took jewellery, cash, and documents from the complainant's home (!) .
  • Although Accused No.2 was initially secured by police and handed over valuables to her parents, she later returned to Accused No.1 with the gold articles and documents (!) .
  • The petitioners' counsel argued that the police report does not establish a case under the charged sections and that the petitioners are living together, making the proceedings improper and an abuse of process (!) .
  • The petitioners requested to dispense with their personal presence in the calendar case proceedings, stating they are ready to face charges through their counsel (!) .
  • The Court dispensed with the personal presence of the petitioners in the

ORDER:

Heard Mr.N. Ravi Prasad, the learned counsel for the petitioners and Mr. Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent No.1.

2. This criminal petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) seeking quashment of proceedings in C.C.No.1929 of 2021 on the file of the II Metropolitan Magistrate, Cyberabad at LB Nagar.

3. The petitioners are the accused Nos.1 and 2 facing charges for the offences under Sections 498 and 380 of Indian Penal Code (for short, ‘IPC’).

4. The prosecution case in brief is that the petitioner No.2/accused No.2 was married to the de facto complainant, later she developed intimacy with the petitioner No.1/accused No.1 and left home along with him on 04.07.2020. Later on 09.07.2020 in the absence of the de facto complainant visited the home and had taken away jewellery, cash and valuable documents. Upon the police report the presence of the petitioner No.2./accused No.2 has been secured by the police on 11.07.2020. However stating that she is major and the articles which are said to have been taken away from the house of the de facto complainant were handed over to her parents. Howeve

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