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Judgment
This Writ Petition is filed alleging harassment by respondents No.4 to 8 by repeatedly calling the petitioners to the police station and visiting their residence at 9:45 P.M.
Heard Sri Mohd. Omerullah Shareef, learned counsel representing learned counsel for the petitioners and learned Assistant Government Pleader for Home, appearing for respondents No.1 to 4, 6 and 8.
Learned Assistant Government Pleader for Home has furnished a copy of the written instructions received by him and submitted that respondent No.9 has lodged a complaint against her husband, namely, Khaja Waheed Uddin, and others alleging harassment and pursuant thereto, F.I.R.No.111 of 2026 was registered on the file of Women Police Station, Golconda Zone, Hyderabad, on 25.06.2026, for the offences punishable under Sections 85 and 351(2) of the Bharatiya Nyaya Sanhita, 2023 (for short, “BNS”), and Sections 4 and 6 of the Dowry Prohibition Act. It is further submitted that, as a part of investigation, notices under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”), were served on accused Nos.3 and 4 and when the police visited the residence of accused Nos.1 and 2 on 09.08.2026 for the purpose of serving notices under Section 35(3) of the BNSS, they were not available and the case is under investigation.
Learned counsel for the petitioners, however, submitted that accused Nos.1 and 2 have also received the notices under Section 35(3) of the BNSS and, therefore, there was no justification for the police to visit the residence of the petitioners at about 9:45 P.M. and subject them to harassment.
Having regard to the above submissions, this Court is inclined to direct the respondent police to complete the investigation strictly in accordance with law. The respondent police shall not visit the residence of the petitioners, who are not concerned with the subject crime, without following due process of law and if the respondent police are required to visit the residence of the petitioners for the purpose of investigation, they shall visit during daytime.
With the above observations and directions, the Writ Petition is disposed of. There shall be no order as to costs.
Miscellaneous applications, if any, pending shall stand closed.
