Telangana High Court
Dr. Shruthi Manvikar vs State Of Telangana on 1 September, 2025
THE HON'BLE SMT.JUSTICE TIRUMALA DEVI EADA
CRIMINAL PETITION No.11127 of 2025
ORDER:-
1. This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking to quash the proceedings against the petitioner in Crime No.1323 of 2025, on the file of Pet- Basheerabad Police Station, Cyberabad District, registered for the offences punishable under Sections 38(1)(a), 38(1)(e), 38(2), 39(1), 40 and 41 of The Surrogacy (Regulation) Act, 2021, Section 33(1)(b), 33(1)(g), 33(2), 34 of The Assistant Reproductive Technology (Regulation) Act, 2021 and Sections 318(4) and 61(2) of BNS, 2023.
2. Heard Sri Vinod Kumar Deshpande, learned Senior Counsel representing on behalf of Mrs.Devineni Radha Rani, learned counsel on record for the petitioner as well as Sri Jitender Rao Veeramalla, the learned Additional Public Prosecutor appearing for the respondent No.1-State.
3. Learned counsel for the petitioner submitted that the petitioner is running a surrogacy centre with the necessary permissions and that it is an Altruistic Surrogacy which is permitted under law. He further submitted that the complaint is lodged based on false 2 ETD,J Crl.p.No.11127_2205 allegations and the petitioner is implicated based on the confessional statement of the co-accused which is untenable. He further submitted that the petitioner has received notice under Section 35(3) of BNSS, 2023 and has also appeared before the Police and replied to the said notice on 20.08.2025. He therefore prayed to quash the proceedings against the petitioner.
4. The learned Additional Public Prosecutor has submitted that since notice under Section 35(3) of BNSS, 2023 has already been issued, the petitioner as well may cooperate with the Investigating Agency to complete the investigation.
5. Perused the record. The petitioner is facing allegations under Sections 38(1)(a), 38(1)(e), 38(2), 39(1), 40 and 41 of The Surrogacy (Regulation) Act, 2021, Section 33(1)(b), 33(1)(g), 33(2), 34 of The Assistant Reproductive Technology (Regulation) Act, 2021 and Sections 318(4) and 61(2) of BNS, 2023 which are punishable with less than 7 years of imprisonment and the record further discloses that the petitioner has already received notice under Section 35(3) of BNSS, 2023 and also furnished her reply to the said notice. Hence, without going into further merits of the case, it is deemed appropriate to direct the petitioner to submit necessary documents and relevant data and cooperate with the investigating agency and the 3 ETD,J Crl.p.No.11127_2205 investigating agency shall abide by the guidelines laid down by the Hon'ble Supreme Court of India in Arnesh Kumar v. State of Bihar and shall proceed with the investigation strictly in accordance with law.
6. Accordingly, the Criminal Petition is disposed of.
7. Miscellaneous petitions, pending if any, shall stand closed.
___________________________ JUSTICE TIRUMALA DEVI EADA Dt.01.09.2025 ysk