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Telangana High Court
Pathuri Vamshi vs The State Of Telangana on 9 April, 2026
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO
CRIMINAL PETITION No.5219 of 2026
Date: 09.04.2026
Between:
Pathuri Vamshi and three others
...Petitioners
AND
The State of Telangana and another
...Respondents
ORDER
This Criminal Petition has been filed seeking to quash the
proceedings in FIR No.49 of 2026 of WPS South East Zone
(Hyderabad), Hyderabad, wherein the petitioners were arrayed as
accused Nos.1 to 4, for the offences punishable under Sections 85
and 351(2) of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS')
and Sections 3 and 4 of the Dowry Prohibition Act, 1961 (for short
'DP Act').
2. Heard Mr.B.Sainath, learned counsel for the petitioners, and
Mr.Jithender Rao Veeramalla, learned Additional Public
Prosecutor, appearing for the respondent No.1 - State.
3. With the consent of both the learned counsel, the criminal
petition is disposed of at the admission stage.
4. Learned counsel for the petitioners submitted that the
petitioners have not committed the alleged offences and have been
falsely implicated in the present case by making omnibus
allegations. He further submitted that respondent No.2 voluntarily
left the matrimonial home in the month of November, 2025, and
lodged the complaint on 18.03.2026 by making omnibus
allegations. He further submitted that petitioner Nos.2 and 3 are
the parents, and petitioner No.4 is the brother of petitioner No.1.
At no point of time respondent No.2 resided with the petitioners,
and they never demanded or harassed her for additional dowry.
Hence, the ingredients of the alleged offences are not attracted
against the petitioners, and they are punishable with imprisonment
for a term of less than seven years. The Investigating Officer,
without following the mandatory procedure prescribed under
Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023
(for short, "BNSS"), as well as the guidelines laid down by the
Hon'ble Apex Court in Arnesh Kumar v. State of Bihar 1, is
proceeding with the matter, which is contrary to law.
5. Per contra, learned Additional Public Prosecutor basing
upon the written instructions furnished by the Sub-Inspector of
Police, WPS South East Zone, Hyderabad, dated 08.04.2026
submitted that the offences levelled against the petitioners are
punishable with imprisonment for a term of less than seven years
and the Investigating Officer had already issued notice under
Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023
(for short, "BNSS") to the petitioners on 30.03.2026 under proper
acknowledgment. He further submitted that the petitioners without
submitting reply/explanation to the said notice straightaway
approached this Court and filed the present criminal petition and
the same is not maintainable under law.
6. Having considered the rival submissions made by the
respective parties and upon perusal of the material available on
record, it reveals that the offences levelled against the petitioners
are punishable with imprisonment of less than seven years. Even
according to the learned Additional Public Prosecutor, the
(2014) 8 SCC 273
Investigating Officer had already issued notice under Section 35(3)
of the BNSS to the petitioners on 30.03.2026.
7. In view of the same, the petitioners are directed to submit
reply/explanation along with the documents, which are available
with them, to the Investigating Officer and the Investigating
Officer is entitled to follow the procedure as contemplated under
the provisions of the BNSS and also the guidelines formulated by
the Hon'ble Apex Court in Arnesh Kumar supra.
8. Accordingly, the Criminal Petition is disposed of.
Pending miscellaneous applications, if any, shall stand
closed.
____________________________
JUSTICE J. SREENIVAS RAO
09.04.2026
Note: Issue CC in a week
b/o
vsl
