Kasoju Sharath Chandra v. The State of Telangana,
Court: High Court for State of Telangana
Bench: J SREENIVAS RAO
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2026-04-28. Kasoju Sharath Chandra v. The State of Telangana,. Read the judgment and case details on...
Judgment text
[ ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE J SREENIVAS RAO CRIMINAL PETITION NO: 6648 OF 2026 Between: '1 35 years, Occu . Kasoju Sharath Chandra, s/o Madhana Chary, aged. Unemploye, R/o H No. 20, Eshwaraiah Enclave, Phase l, Dammaiguda' Nagaram, Keesarra lvlandal, Medchal Malkajgiri District. 63 Retd. 2. Kasoju Madhana Chary, s/o Buchaiah, aged. years, Occu- Employee, R/o 20 Eshwaraiah Enclave, Phase l, Dammaiguda, Nagaram' Keesarra Mandal, Medchal Malkajgiri District. 3. Kasoju Parimala, w/o Madhana chary, aged. 56 years, Occu. Govt. Teacher' R/o 20, Eshwaraiah Enclave, Phase l, Dammaiguda, Nagaram' Keesarra It/andal, Medchal Malkajgiri District ... Petitioners/Accused No. 1 to 43 AND 1. The State of Telangana, Rep. by its Public Prosecutor, High court buildings' High court, Hyderabad. ... Respondent 33 years, Occu. 2.
Kasoju Mounika, w/o Sharath Chandra, aged Bank ReddY employee, r/o Road No. 2, Green Hills Colony' Kothapet, Ranga District. . -. RespondenUDe-facto Complainant PetitionunderSection52BofBNSSprayingthatinthecircumstancesstatedinthe pleasc'd High Cii'in'Lpttitronl tre Court may be to^call Memorandum of Grounds oi the same to quish the FIR No 75 ol 2026 dt' for the records and after Sec 85 of "-;i;i;g rvrarr<algiri registered under 3-4-2026 on the file WP;:';;;;"rnaiat' petitioners "f F'nJ and q"uash the iame in respecl. of the BNS and sec. 3 and + ot o Law and securlng to ng, f'eiein to prevent abuse of process of who are arrayedas Al ends of . iustice. I I i l. A. NO: 2OF 2026 Petition under Sectron 528 of BNSS praying that in the circumstances stated in the lvlemorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings in FIR No. 75 of 2026 dl. 3-4-2026 on the file of WPS, Saroornagar, Itrlalkajgirr registered under Sec. 85 of BNS and Sec.
3 and 4 of D. P Act respect of the petitioner who is arrayed as Al to 43, rncluding the appearance of the petitioners before the Polrce, pending disposal of the Criminal Petition. This Petition comrng on for hearing, upon perusing the lr/emorandum of Grounds of Criminal Petition and upon hearing the arguments. of Srr Rajeshwar Rao Garige, Advocate for the Petitioners and Sri Jithender Rao Veeramalla, learned Addrtional Public Prosecutor on behalf of the Respondent No. 1 and none appeared for the Respondent No. 2. The Court made the following: ORDER COU RT FO RTHEST ATE OF TE LANG ANA IN THE HIGH AD AT HYDERAB RAO SRI JUSTICE J'SREENIVAS THE HONOURABLE No. 6648 of 2026 PETITION CRIM INAL Date 28. 0 4. 2026 Between: and two others il*oj, shuru,h Chandra Nos'l to 3 . Petitioners/accused AND and another The State ol Telangana' .. ResPondents ORDER quash the seeking to has been filed This Criminal Petition WPS Saroomagar of 2026 of in F. I. R. No.
75 proceedings were arrayed petitioners wherein the (Malkajgiri)' Malkajgiri District' of under Section 85 Nos. l to 3 for the offence punishable as accused 3 and Sections (for short'BNS') Sanhita the Bharatiya Nyaya '2023 Act' l96l ' and 4 of the Dowry Prohibition for the leamed counsel Rao Garige' Rajeshwar 2. Heard Mr' Additional Mr'Jithender Rao Veeramalla' leamed petitioners and No' l for respondent ' Prosecutor Public that the submitted for the petitioners Leamed counsel 3. and have been the alleged offence not committed petitioners-lfitve n-eve1ha1a1sed The petitiopels-in the present case' implicated falsely -\ i I I I respondent No. l for additional dowry. Hence the ingredients of the offence under Section 85 of the BNS and Sections 3 and 4 of the DP Act does not attract against the petitioners. He further submitted that respondent No. Z voluntarily left the matrimonial house of petitioner No. l on 15. 09. 2024 and since then respondent No.
2 is not coming forward to join the company of petitioner No. l, Petitioner No. l got issued legal notice on 16. 06. 2025. requesting respondent No. 2 to come and join with petitioner No. I , for which, respondent No. 2 issued reply to the said notice with baseless allegations. Thereafter, respondent No. 2 filed the present complaint by implicating petitioner Nos. 2 and 3, who are thc parents ol petitioner No. l/accused No. l by making omnibus allegations. He further submitted that the offences alleged against the petitioners are punishable wlth imprisonment of less than seven years. The Investigating Officer, without foltowing the mandatory procedure prescribed under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for . BNSS,) short and without following the guidelines formulated by the Hon,ble Supreme Court in Arnesh Kumar Vs. Stale of Bihort, is proceeding further in the mafter and the same is contrarv to law. '120 t+. y 8 scc :z: J 4.
Per contra, leamed Additional Public Prosecutor submitted that there are specific allegations levetled against the petitioners in respect of demanding additional dowry and harassing respondent No. 2. Whether the said allegations are true or not,. the same has to be revealed during the course of the investigation, especially the Investigation is under progress. He further submitted that the Investigating Officer has recorded the statements of seven witnesses' are punishable However, the offences alleged against the petitioners with imprisonment of less than seven years, the Investigating Officer had already issued notice under Section 41-A of the Cr'P'C'/Section 35(3) BNSS to petitioner No. l/accused No. l on 14'04'2026 and petitioner Nos. 2 and 3/accused Nos.
2 and 3 are absconding' The Investigating Officer will follow the very same procedure as contemplated under Section 35(3) of the BNSS and also the guidelines formulated by the Apex Court in Arnesh Kumar (supra) in respect of petitioner Nos. 2 and 3/accused Nos. 2 and 3 also' 5. Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that the offences levelted against the petitioners are , \ punishable with imprisonment of less than seven years' Even I \ Prosecutor' the according to the leamed Additional Pubtic Investigating Officer had already issued notice under Section 4l_A of the Cr. P. C. /Seoion 35(3) of the BNSS to petitioner No. I /accused No. l on 14. O4. 2026. 6. In view of the same, the Investigating Officer is entitled to follou' the procedure contemplated under Section 4l-A of the Cr. P. C.
/Section 35(3) of the BNSS and follow the guidelines issued by the Apex Court in Arnesh Kumar (supra\ in so lar as petitioner Nos. 2 and 3/accused Nos. 2 and i are concerned. It is needless to mention that the pctitioner Nos. 2 and 3/accused Nos. , and 3 are entitled to submit reply/explanation by raising all the pleas which are available to them and they are also entitled to submit the documents, if any, which are in their custody, to the Investigating Officer, whenever they receive notice under Section 35(3) of the BNSS. Petitioner No. l/accused No. l is also entitled ro submit his reply to the notice issued on 14. 04. 2026 by raising all the pleas which are available to him. 7 Accordingly, the Criminal petition is disposed of. Miscellaneous applications, pending if any, shail stand closed. /- B REKHA RANI ASSISTANT REGISTRAR //TRUE COPY' \ (9 SECTION OFFICER To, The lll Additronal Junior crvil Judge-cum-llt Additional Judicial l\ilagistrate of \\ f:irst Class, Ranqa Reddv District.
-\- . -,- -: . -. . -:-#: - -_ E w 2 The Station House offter, saroornagar wps (Markajgiri) porice Station, Matkajgiri. 3 Two ccs to the pubric prosecutor, High court of rerangana at Hyderabad touTI \ 4. One CC to Sri Rajeshwar Rao Garige, Advocate tOpUCl \ 5. Two CD Copies GNK/ABK Qu/ Cc-l0D,*/ l HIGH COURT DATED: 2810412026 i I :\ i:L ... . ,t ,-.. \ / \'. - ,,, . YL" ,. r-\ a, \ -.. \ \ \ . : ! i ii :( l' I \, ORDER GRLP. No. 6648 of 2026 DISPOSING THE CRIMINAL PETITION oq\q C . lv ! \ep ol a) : I I -. _il I
Source: High Court for State of Telangana. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.