THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI CRIMINAL PETITION No.15162 OF 2024

O R D E R:

This Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (for short ‘BNSS’) by petitioner/accused No.1 to quash the docket order dated 27.03.2024 passed in CC.No.3180 of 2024 pending on the file of XV Magistrate, Additional Chief Metropolitan prayer at Hyderabad or to Stay all further proceedings in CC.No.3180 of 2024.

2. Heard Mr. G.Srinivas and Mr. Avinash Desai, learned counsels for petitioner and Mr. Surepalli Prashanth, learned Assistant Public Prosecutor for the respondent – State. Perused the material on record.

3. Brief Facts:

An FIR bearing Crime No.38 of 2020 was registered in Women Police Station (WPS), Begumpet, against accused Nos.1 to 4 on the basis of complaint of respondent No.2. Marriage of petitioner/accused No.1 was performed with respondent No.2 on 12.06.2020 at Hyderabad. An amount of Rs.1,50,000/- in cash, 30 tulas of gold and 30 tulas of silver is alleged to have been given. After 2 months of marriage, they left for United Kingdom, they are blessed with a female child. In May, 2014, she returned to India with the baby girl (and accused No.1). It is alleged that accused No.3 started harassing her mentally for giving birth to baby girl. In June, 2014, she secured a job in Mumbai and shifted to Mumbai. It is further alleged that from July, 2014, accused No.1 started harassing physically, mentally and abusing in filthy language for giving birth to a girl child. That, he demanded Rs.15,00,000/- additional dowry. Accused No.1 filed a divorce OP.No.1545 of 2014. Complainant further states that efforts were made to patch up, but, were of no use. That in 2015, she filed a complaint, registered as an FIR under Section 498A of Indian Penal Code (for short ‘IPC’).

Other relevant facts:

4. Criminal petition bearing number Crl.P.No.3566 of 2020 came to be filed by accused Nos.2 to 4 to quash proceedings in Crime No.38 of 2020 of WPS, Begumpet. This Court by order, dated 01.11.2023, allowed the criminal petition and quashed the proceedings against accused Nos.2 to 4 in Crime No.38 of

2020 of WPS, Begumpet.

5. Criminal petition bearing number 5520 of 2020 was filed by petitioner/accused No.1 to quash proceedings in Crime No.38 of 2020 of WPS, Begumpet. This Court by order, dated 11.11.2020, in Crl.P.No.5520 of 2020 passed the following order:

"Sri N. Mahesh Raje, learned counsel for the petitioner/A-1 would submit that respondent No.2 has filed a complaint, which was registered as F.I.R.No.200 of 2014 for the offence punishable under Section 498-A of IPC before the SHO, Women Police Station, Begumpet, Hyderabad, and the same was ended in acquittal vide judgment dated 01.04.2016 in C.C.No.192 of 2015 passed by XV Additional Chief Metropolitan Magistrate, Special Court for the trial of Video Piracy Cases, Hyderabad. Therefore, respondent No.2 herein, having knowledge that A-1 is staying in London, has filed the present complaint in Crime No.38 of 2020 of SHO, Women Police Station, Begumpet, Hyderabad, with all false and baseless allegations implicating the petitioner/A-1 and other accused also. This court vide order dated 10-09-2020 in Crl. P.No.3566 of 2020 granted stay of all further proceedings in Crime No.38 of 2020 including arrest of A-2 to A-4. The matter requires examination.

Therefore, there shall be interim stay of all further proceedings in Crime No.38 of 2020 of SHO, Women Police Station, Begumpet, Hyderabad, including arrest of the petitioner/A-1."

6. Crl.P.No.5520 of 2020 is pending on the file of this Court and no further orders are passed.

7. An interim stay of all further proceedings in Crime No.38 of 2020 including arrest of petitioner/Al is in force, no steps can be initiated (by the department personnel), including investigation unless interim stay is vacated. Vacate stay petition is filed on 27.04.2022, but no orders are passed till date.

8. A notice under Section 41A of Cr.P.C. dated 02.0