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2025 Supreme(Online)(TEL) 7552
HIGH COURT OF TELANGANA
J.SREENIVAS RAO, J
Mohammad Saheed – Appellant
Versus
The State of Telangana – Respondent
CRLP/670/2025
For the Appellants/Petitioners: Mr. Ashutosh B.Joshi
For the Respondents: Dr. S.Prashant, Mr. Mohd. Idrees, Mr. Katika Ravinder Reddy
The court clarified investigatory protocols under specific statutes concerning FIRs punishable with less than seven years imprisonment.
Headnote:In this matter concerning Criminal Petition No.670 of 2025, the petitioners sought to quash an FIR registered under various sections including Bharatiya Nyaya Sanhita and the Dowry Prohibition Act. The Court directed the police to investigate while ensuring compliance with the relevant provisions of law. Key issues included the applicability of Section 35(3) of Bharatiya Nagarik Suraksha Sanhita concerning the investigatory process. The petition is disposed of under the stipulations for cooperation by the petitioners in the investigation process.
Heard, Mr. Ashutosh B.Joshi, learned counsel for the petitioners (accused Nos.1 to 5); Dr. S.Prashant, learned Assistant Public Prosecutor appearing for respondent No.1 and Mr. Mohd. Idrees, learned counsel representing Mr. Katika Ravinder Reddy, learned counsel for respondent No.2/de facto complainant.
2. With the consent of learned counsel for both parties, the Criminal Petition is being disposed of at the stage of admission. 3. The petitioners filed this Criminal Petition seeking to quash F.I.R.No.632 of 2024 on the file of Gajwel Police Station, Siddipet, registered for the offences punishable under Section s 85 , 316(2) , 324(2) , 351(2) , 351(3) , 352 r/w Section 3(5) of Bharatiya Nyaya Sanhita (for brevity ‘ BNS ’), Section s 3 and 4 of Dowry Prohibition Act, 1961 , and Section s 3 and 4 of Muslim Women (Protection of Rights on Marriage)
Act, 2019.
4. Learned counsel for the petitioners submitted that the offences registered against the petitioners are punishable with less than seven years of imprisonment. He, therefore, requested this Court to direct the investigating officer to follow the provisions of Section 35(3) of Bharatiya Nagarik Suraksha Sanhita (for brevity ‘ BNSS ’) (Previously Section 41-A of Cr.P.C.).
5. The above submission has not been disputed by learned counsel for the respondents.
6. In view of the above, without going into the merits of the case, the Criminal Petition is disposed of, directing the Police concerned to proceed with the investigation in the above crime, after issuing notice under Section 35(3) of BNSS (Previously Section 41-A of Cr.P.C.) to the petitioners (accused Nos.1 to 5) and by following the guidelines of the Hon’ble Supreme Court in Arnesh Kumar v. State of Bihar and another1. The petitioners shall co-operate with the investigating officer in concluding the investigation.
Miscellaneous petitions pending, if any, shall stand closed.
___________________ J.SREENIVAS RAO, J Date: 29.01.2025 Note:
CC tomorrow.
