The court underscores the necessity of procedural compliance in criminal investigations while affirming the rights of the accused.

ORDER:

This Criminal Petition is filed seeking quashment of the proceedings against the petitioners/accused Nos.2 to 5 in Crime No.112 of 2025 of W.P.S. East Zone (Hyderabad), Hyderabad District, registered for the offence punishable under Sections 85 , 351 (2) of Bharatiya Nyaya Sanhita, 2023 (for short “ BNS , 2023”)

and Sections 3 , 4 and 6 of the Dowry Prohibition Act, 1961 .

2. Heard Mr.K.Saibabu, learned counsel for petitioners and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for respondent No.1-State.

3. Learned counsel for the petitioners submitted that the petitioners are facing false allegations under Sections 85 and 351 (2) of BNS , 2023 and the petitioners never resided with the de facto complainant and they never harassed her. He further submitted that the de facto complainant is in the habit of lodging series of complaints against accused No.1, who is her husband, and also the petitioners herein. Therefore, he prayed to quash the proceedings against the petitioners.

4. Learned Additional Public Prosecutor submits that notice under Section 3 5 (3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “ BNSS , 2023”) was also served on accused Nos.1 to 3 and the said notice was not served on accused Nos.4 and 5 as they were not available.

5. Perused the record.

6. The petitioners are facing allegations for the offences punishable under Sections 85 and 351 (2) of BNS , 2023 and Sections 3 , 4 and 6 of the Dowry Prohibition Act, 1961 and the statements of witnesses do point out the allegations against the petitioners for the aforesaid offences. Since, notice under Section 3 5 (3) of BNS S, 2023 has already been issued to accused Nos.1 to 3, this Criminal Petition is disposed of directing petitioner Nos.3 and 4/accused Nos.4 and 5 to appear before the Investigating Officer on or before 17.09.2025 between 11:00 a.m. and 05:00 p.m. and in turn, the Investigating Officer is directed to follow the procedure laid down under Section 3 5 (3) of the BNS S (previously Section 41-A of Criminal Procedure Code, 1973 ) and also the guidelines formulated by the Hon’ble Supreme Court of India in Arnesh Kumar v. State of Bihar1 scrupulously. However, the petitioners shall submit their defense and co-operate with the

1 (2014) 8 SCC 273

Investigating Officer as and when required by furnishing information and produce all relevant documents/material required for the purpose of the investigation and the Investigating Officer shall consider the same and shall complete the investigation strictly in accordance with law.

7. With the above said observations, this Criminal Petition is disposed of.