✦ High Court of India · 15 Jul 2025

High Court · 2025

Case Details High Court of India · 15 Jul 2025
Court
High Court of India
Decided
15 Jul 2025
Length
1,041 words

High Court for the State of Telangana.

2. Smt, Maddineni Srujana, W/o. M. Venkata Ravindra Aged 36 years Occ. Business R/o. FIat No.102, Plot No.60, Nirvana Mountain, Aditya Hills, Mithilanagar, Gajularamaram, Quthbullapur, Medchal-Malkajgiri, Telangana - 500090 RESPONDENT NO..I /COMPLAINANT ...RESPONDENT NO.2/DEFACTO COMPLAINANT Petition under Section 528 of BNSS, 2023 praying that in the circumstances stated in the lt/lemorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings against the petitioner/A.No 3 in FIR No 1286 of 2024 dt.1311112024 on the file of the PS KPHB Colony,; l.A. NO:2OF 2025 Petition under Section 528 of BNSS, 2023 praying that in the circumstances stated in the l\ilemorandum of Grounds of Criminal Petition.the High Court may be pleased to stay all further proceedings in FIR No.1286 of 2024 d1.13.11 2O24 on the file of the PS KPHB Colony; This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri M KALYANA RAIVIA KRISHNA, Advocate for the Petitioner Sri M.Vivekananda Reddy. Asst Public Prosecutor on behalf of the Respondent No. 1 and none appear for the Respondent No.2, The Court made the following: ORDER ll!+rF+tr!!# ;'-... '' i .4' J/ ,/ THE HONOURABLE SMT. JUSTICE K. SUJANA T- CRIMINAL PETITION l{o.411 of 2o25 ./ ORDER: This Criminal Petition is filed Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'the BNSSJ seeking to quash the proceedings against the petitioner-accused No.3 in Crime No. 12a6 of 2024 of KPHB Colony Police Station, Cyberabad Commissionerate, registered for the offences punishable under Sections 406, 42O, 354C and 506 read with Section 34 of the Indian Penal Code, 186O (for short, IPCJ.

2. The brie f facts of the case are that on 04. 1 1 .2024, the de- focto complainant lodged a report with the Station House Ofhcer, KPHB Police Station, stating that she had launched a cloud kitchen under the name and style of "Srujana Enterprises," providing food delivery services through the Swiggr app. Accused Nos. I and 2, in conspiracy lvith Accused No. 3, allegedly devised a scheme to misappropriate funds from the complainant. Accused No. 3 introduced herself as a celebrity and claimed to have strong connections and influential contacts in Central Government through her husband especially in Railway sector 2 sKsn, Crl.P.[o.411 of 2025 as Railway department seeks for cloud kitchen . vendors. Subsequently, no opportunities materialized either from Swiggr or the Railway Department. When the complainant began questioning their conduct, the accused allegedly resorted to extortion tactics. They threatened to jeopatdize her husband,s central government job and began submitting irrelevant RTI queries regarding his employment profrle. Under pressure, the complainant reportedly complied with their instructions, including handing over her debit card to Accused No. 1, who withdrew Rs. 14,00,0OO /-, aLong with Rs.37,O0,0O0 in cash and the said cash was pooled from her credit cards, Dwakra loals, gold loans and debits from near and dear.

3. Basing on the same, the police registered the case for the offences punishable under Sections 406, 42O, gS4C and 5O6 read with Section 34 of IpC. Aggrieved by the same, the petitioner filed the present criminal petition to quash the proceedings against her.

4. Heard Sri M. Phanindra pavan Kashyap, learned counsel appearing on behalf of Sri M. Kalyana Rama Krishna, learned counsel for petitioner/accused No.3 and Sri M. Vivekananda Reddy, learned Assistant public prosecutor, appearing for 3 sKs,J Crl.P.No.4l1 of 2025 respondent No.l-State. Though notice was served to respondent No.2, none appeared on her behalf.

5. Irarned counsel for the petitioner submitted that the petitioner is innocent and there is only one allegation against this petitioner in the report liled by tlrLe de facfo complainant i'e', she introduced herself as a celebriqr and alleged that she know the persons in the Central Government except that, there is no specihc allegation against her. He further submitted that there is no monetary transaction between the petitioner and the de- fado cornplainant to continue with the investigation' Therefore' prayed to quash the proceedings against the petitioner by allowing this criminal Petition. I J

6. On the other hand, learned Assistant Public Prosecutor submitted that, apart from the allegation that the petitioner introduced herself as a Page 3 celebrity and claimed to know persons in the Central Government, there is no specific allegation against the petitioner. Therelore, he prayecl the Court t & to pass appropriate orders.

7. In view of the submissions made by both learned counsel and upon perusal of the material availabte on record, it is 4 SKS,J Crl.P.No.4l1 of 2025 observed that the sole allegation against the petitioner is that she introduced herself as a page 3 celebrity and alleged that she know the persons in the Centra,l Government. Except that tfrere is no specific allegation against the petitioner. Furthermore, the petitioner has qualifred in the Main examination of Group_I services. Therefore, this Court deems it frt to quash the proceedings against the petitioner.

8. Accordingly, this Criminal petition is allowed ald the proceedings against the petition€r in Crime No.l2g6 of 2024 of KPHB Colony Police Station, Cyberabad Commissionerate, are hereby quashed. Miscellaneous applications, if any pending, shall also stand closed //TRUE COPYII S - L. LAKSHMI BABU PUTY REGISTRAR SECTION OFFICER To,

1. The lV Addl. Junior Civil Judge -cum-Xv Addl. Judicial First Class Magistrate Kukatpally, lvledchal Malkajgiri District

2. The Station House Officer, KPHB COLONY PS, Cyberabad 3. One CC to SRl. M KALYANA RAMA KRISHNA Advocate IOPUCI 4. Two CCs to PUBLIC PROSECUTOR, High Court at Hyderabad (OUT) 5. Two CD Copies VSM/gh HIGH COURT DATED:1 510712025 .1. i I t- _h.\.',, - '..--:,\ .r . s.zrc\\ i\ ct!. .,/ ..-. ,,i 2OI|JBffi ORDER CRLP.No.411 of 2025 + {), .).. :2 ALLOWING THE CRIMINAL PETITION

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