THE HONOURABLE SRI JUSTICE N. TUKARAMJI CRIMINAL PETITION No.4665 of 2025

ORDER:

This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS, 2023’) seeking quashment of the proceedings in FIR No.24 of 2025 of WPS Central Zone (Hyderabad), Hyderabad, against the petitioners/accused Nos.1 and 2.

2. Heard Mr.Mettu Shankar, learned counsel representing Mr.Tanikonda Chiranjeevi, learned counsel for the petitioners and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent No.1-State.

3. The petitioners are arrayed as accused Nos.1 and 2 in FIR No.24 of 2025 for the offences under Sections 498-A, 405, 506 of Indian Penal Code, 1860 and Section 6 of Dowry Prohibition Act, 1961.

4. Learned counsel for the petitioners would submit that though the petitioners are determined to see the process through and the alleged offences are punishable with an imprisonment upto seven years, the Police concerned has not issued any notice under Section 41-A of the Code of Criminal Procedure, 1973 (for short Cr.P.C.), as such, the petitioners are apprehending coercive measures against them. He further submits that the petitioners are ready to cooperate with the investigation, hence prayed for necessary directions for issuance of notice as per law.

5. Learned Additional Public Prosecutor submits that the Police concerned are ready to issue notice under Section 41-A of Cr.P.C.

6. I have perused the materials on record.

7. Having regard to the fact that the alleged offences are punishable with an imprisonment upto seven years and as the petitioners/accused Nos.1 and 2 are ready to engage themselves in the process, without going into merits of the matter, the petitioners are directed to appear before the SHO, WPS Central Zone (Hyderabad), Hyderabad on 17.04.2025, whereupon, the Investigating Officer shall issue notice under Section 41-A of the Cr.P.C. in Crime No.24 of 2025 against the petitioners/accused Nos.1 and 2 and conduct proceedings as per the guidelines of Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273 scrupulously. The petitioners may submit their explanation for contemplation in the investigation

and in concluding the complicity. In unison, petitioners are directed to cooperate with the investigation.

8. With this direction, this Criminal Petition is disposed of.

Miscellaneous petitions, pending if any, shall stand closed.

_____________________ JUSTICE N. TUKARAMJI Date: 03.04.2025 mnv THE HONOURABLE SRI JUSTICE N. TUKARAMJI CRIMINAL PETITION No.4665 of 2025 Dated 03.04.2025 mnv