Telangana High Court
Shivananad Bhajanthri. vs The State Of Telangana on 29 August, 2025
1
THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA
CRIMINAL PETITION No.10506 OF 2025
ORDER:
This Criminal Petition is filed by the petitioners - accused Nos.1 to 5 seeking to quash the proceedings in FIR No.118 of 2025 on the file of P.S. WPS South East Zone, Hyderabad, registered for the offences under Sections 85, 351(2) of The Bharatiya Nyaya Sanhita, 2023 (for short "BNS, 2023") and Section 3 & 4 of the Dowry Prohibition Act (for short "DP Act").
2. Heard the submissions of Sri Syed Ahmed, learned counsel for the petitioners and Sri Jithender Rao Veeramalla, learned Assistant Public Prosecutor for respondent No.1 - State.
3. The learned counsel for the petitioners submitted that the place of offence is in the State of Karnataka, and that the Police herein do not have any jurisdiction to register the FIR. Hence, the registration of FIR itself is not proper and therefore, prayed to quash the proceedings against the petitioners.
4. The learned Assistant Public Prosecutor has submitted that the proceedings cannot be quashed on the ground of jurisdiction and that even if it is without jurisdiction, the Police can transfer the same 2 to the concerned State. He further submitted that the notice under Section 35(3) is already issued on the petitioners herein. Therefore, prayed to dismiss the petition.
5. Perused the record.
6. A perusal of the complaint reveals the offences to have been occurred at Bijapur, Karnataka District. However, the Police can register Zero FIR, even when they do not have any jurisdiction as per Section 173 of BNSS. This is to prevent victims from being delayed or denied justice when they are in urgent or threatening situation. The Police are also issued SOP with regard to such kind of FIR's by Bureau of Police Research and Development, Ministry of Home Affairs.
7. The BNSS-2023 has replaced Criminal Procedure Code, 1973 and the provisions of registration of a cognizable offence is now provided under Section 173 of BNSS instead of Section 154 of Cr.P.C. The SOP outlines the following procedural steps which may be followed for submissions and processing of Zero FIRs.
"1. Lodging a Zero FIR under BNSS Step 1: A complainant approaches any police station irrespective of territorial jurisdiction (173 (1) BNSS) to complain.3
Step 2: On the receip0t of any information regarding the commission of cognizable offence which has been committed outside of the territorial jurisdiction of that police station, the SHO or the officer on duty records the details of the complaint in the Zero FIR register, irrespective of the jurisdiction shall register the case as Zero FIR or 'O' FIR under relevant sections of law.
As per provisions of 173(1) of BNSS.
Step 3: After fulfilling the requirements under Section 173 BNSS, the officer registers the Zero FIR. The FIR number is prefixed with "Zero" to indicate it is a Zero FIR. A copy of the information as recorded under sub- section (1) shall be given forthwith, free of cost, to the informant or the victim (173 (2) BNSS).
After the registration of Zero FIR, if necessary, primary investigation may be done by the Investigation Officer of same police station (e.g., Medical Examination of a Rape victim.
Step 4: The officer forwards the Zero FIR to the police station having jurisdiction over the place of the incident.
Step 5: The concerned police station receives the Zero FIR and re-registers it as a regular FIR in their records.
Step 6: The SHO assigns the FIR to an Investigating Officer for further action."
8. Therefore, there is no impediment in registering the FIR. However, in the present case the FIR is registered but the Police have committed an error by not mentioning Zero in front of the Number assigned that is it could have been numbered as '0118 of 2025', but instead they have shown the number as '118 of 2025'. 4
9. In the result, the Criminal Petition is disposed of, directing the Police to complete the necessary formalities and transfer the case to the Police at Karnataka, who have jurisdiction.
Miscellaneous applications pending, if any, shall stand closed.
____________________________ JUSTICE TIRUMALA DEVI EADA Date: 29.08.2025 ds