Edala Sai Kiran & Ors. vs The State Of Telangana & Anr.

This Criminal Petition is filed seeking to quash the proceedings in FIR No.125 of 2026, on the file of the Karimnagar Women Police Station, Karimnagar District, wherein the petitioners were arrayed as accused Nos.1 to 4, for the offences punishable under Sections 85 and 351 (2) r/w. 3 (5) of the Bharatiya Nyaya Sanhitha, 2023 and Section 4 of Dowry Prohibition Act, 1961.

Heard Ms.C.Jyoshna Devi, learned counsel representing Ms.K.Manisha, learned counsel for the petitioners and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent No.1-State.

Though this petition is filed for quashing the proceedings in the crime, during the course of arguments, learned counsel for petitioners restricted her prayer requesting the Court to direct the Investigating Officer to follow the procedure as contemplated under Section 41-A of the Criminal Procedure Code, 1973 (for short, 'Cr.P.C.')/Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'BNSS') and also the guidelines formulated by the Apex Court in Arnesh Kumar Vs. State of Bihar^{11.(2014) 8 SCC 273}, since the offences levelled against the petitioners are punishable with imprisonment of less than seven years.

Learned Additional Public Prosecutor submitted that the petitioners may be directed to appear before the Investigating Officer, and on such appearance, the Investigating Officer will issue notice under Section 41-A of the Cr.P.C./Section 35(3) of the BNSS. The Investigating Officer will also follow the procedure as contemplated under law.

Taking into consideration the facts and circumstances of the case and the submissions made by the respective parties, without expressing any view on the merits of the case, the petitioners/accused Nos.1 to 4 are directed to appear before the Investigating Officer, on or before 31.08.2026 and submit reply/explanation along with the documents, which are available with them, to the Investigating Officer. The Investigating Officer is entitled to follow the procedure as contemplated under Section 35(3) of the BNSS and the guidelines issued by the Apex Court in Arnesh Kumar (supra).

Accordingly, the Criminal Petition is disposed of. Miscellaneous applications, pending if any, shall stand closed.