The High Court · 2025

Petition under Section 528 of BNSS praylng that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records and quash the Crime No.05/2025, dated 04-01-2025, U/sec.356, 356(1),356(2),351,351(1),353 BNS, on the file of Kothur Police Station, Cyberabad against the Petitioners / Accused No. 1 and 2. l.A. NO: 2OF 2025 Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings in Crime No.05/2025, dated 04-01-2025, U/sec.356,356(1),356(2),351,351(1),353 BNS, on the fite of Kothur Police Station, Cyberabad against the Petitioners / Accused No. 1 and 2, pending disposal of the above criminal petition. -ry This Petition coming on for hearing, upon perusing the Memorandum of Grounds of crirninal Petitron and upon hearing the arguments of Sri Sudarshan Malugari, Advocate for the Petitioners and Ms S Madhavi' Assistant Public Prosecutor on behalf of the Respondent No.1 . The Court made the following Order : ! I THE HON'BLE SHRI JUSTICE ANIL KUMAR WKANTI CRIMINAL PETITION No.843 OF 2()25 ORDER: This Crimina-l Petition is hled under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) by the petitioners/accused Nos.1 and 2 seeking to quash the Crime No.5 of 2025 dated 04.01.2025 registered for the offences under Sections 356, 356(1), 356(2), 351' 351(1) and 353 of Bharatiya Nyaya Sanhita (for short, 'BNSJ.

2. Heard Mr. Sudarshan Malugari, learned counsel for the petitioners, and Ms. S. Madhavi, learned Assistant Public Prosecutor for the respondent - State. Perused the record.

3. Complaint is filed on O4'01'2025 before the Kothur Police Station, Cyberabad, for the offences under Section 3s6, 356(1), 356(2), 351,3s1(1)and 353 of BNS.

4. The complainant states that the petitioners being the office bearers of Surya Daily published articles against the 2 complainant ard his wife on various dates, which are as folloq's: "a) Thar on tO-10_2024 ,,8 viluvaina $e mlE^f ioaola esfu "\IO:!o- "Rs.8 Crore panchayarhi arstf-ri V"r=allr:" . er6s"do er{o-;e:SC erfon" Sefu.s p.fo. Adhikaranl Addampettukoni Addanga Kottesina Vainam ' d ."5u5 d *b} =":6"f ":roCD b6 e-6o a1r$C x>S7J8$... l,), aur. To p.rrk perurho Mundu padhr Sh;rrham Bhumini Px kkanabetu... t ee eroJe5 erit;Jon" SfJfuJ ,*CS, aG" alare-ll. A.r Tharvatha Appananga Kottesina ,srhanika, l. dJJ{odJ itrsdo ero6or)d 5Oi[S5) SI,iJ.SSJ cro6 -JJerJ:5p Ba,la Babuh_r I h,r mavanlhu Sahakara m Andichina Thrivikram (..onsrrucrions ;rnd Dcvelopcrs - o"a€cU: o-c$$o eeodo$ 6ql rJi)Jdo ssoocr loodz_6. Ralakeeya Nayakula Andalatho Guttu Chappudu Kakunda ,\{cngesharu ' eroo" dOfuJ ,-f65o i1rX9J1 ae6s"d c$olero Alrtha Thclisina Chodyam Chustiunna Adhikara yanthram - 6,iJd6s-abgJ iJooode)o f55oo 6J:o6. Lirlnathadikarulalna Spandinchalani Stanikula Dernand b) Thar on t \-IO-2O24 ,,s"Ja"OJJ J.6 Kageshadu Kapadalsina Vade KageJadu" ESQ Chilaka Y! .3)& Ood boguo: *8 Ko a Asthi pachipai Palukulu d6 O€dlJ) I(adanam' 56Jo "Ohaaa putisruna SuR.a s"dldo' "xy6,t" er6s6o ceSo =de.DSC eeLSJD Ozgtt;)s ,Adhikaram Pctukoni Akrama RegistratiJn,, Adam cai.<d1rc)) delfui5yd6od Chudadamtho parcshan,, 5d*5,,Akrarnalu Vetugu - c) 3 That on I8-10-2024 "Kothurulo Kotha Panchayathi" 'i6d'cro drfue, ;)e) Xr52,.$6 *ercl sda'dl" "Pu.di'httt!'' Bhoomitho Patu Pal<anodi Pollani Katesaru" €e q$'fu e5JodJoclJl dQd O"!Do "Aa Bhoomi Thamadenantuna Dhalitha Raithulu" oo5DQ6, d'olDsodD sofu d{Jjo dz-6oer5) 2}6dDe) "Riyaltar, Nayakudu Kalisi Dourjanyam Chesarantuna Bhadithulu" fuco elno-eJ dfOioe-: ao5o3oe5 a at6doe) t1Q"ol 'ci"it Thagadhalo Policela [nvolvement Pai Bhadithula Gagollu"

5. The petition relating to publishing of above said a-rticles was received by the Hon"ble Court and the Station House Officer, Kothur Police Station, registered a case in Crime No.S of 2025 arrd investigation is taken up for the offences punishable under Sections 356, 356(1), 356(2), 351, 351(2) and 353 BNS'

6. tearned counsel for the petitioners submitted that petitioners reported only those articles which are true and that it is only in the public interest, they have exposed the activities of the complainant i.e., respondent No.2 and his wife and that there is any arnount of truth in the articles published, which touch the public interest. Learned counsel tried to demonstrate that exceptions under Section 356 of BNS i.e., Exceptions 3, 4 and 5 would come to the 4 rescue of petitioners. That there is no defamation as alleged in the compraint. It is further submitted that petitioners were approached by persons effected by acts of the complainant and his wife and hence articles published in good faith and in the interest of public and not to defame.

7. It is submitted by learned Assistant public prosecutor that petitioners/A1 and A2 are absconding and that they have pr-rblished various articles on 10. 1O.2024, lI.lO.2024 and 18.70.2024 with statements in Surya Daily indicating towards the complainalt with regard to certain alleged acts arrd the investigation is yet to be completed.

8. It is further submitted that petitioners be directed to appear before the Investigating Officer on a given date.

9. Perused the complaint/FlR filed before the principal Judicial First Class Magistrate, Shadnagar, and other documents annexed along with the criminat pelition. prima facie articles are published in Surya Daily, pel.itioners/Al and A2 are the Editor and Reporter respectively. I

5.! 5 Petitioners can report/publish articles in the newspapers only after due diligence

10. In the absence of due diligence and not placing any material documents before this Court on the articles reported, this Court is of the opinion thAt such reporting was unwarranted. This Court is constrained to observe that petitioners refrain themselves from publication of such articles in newspapers unless their articles are backed by documents and proofs of facts to be published. In the absence of due diligence and without any documents on hand, publishing of such articles would amount to over stepping the responsibility cast upon them. Petitioneqs shall follow principles of fair and just reporting.

11. In the facts ald circumstances of the case, this Court deems it appropriate that respondent-police shall follow the procedural guidelines laid down in Anr'esh Rumar u. State of Blhorl. Petitioners shall co-operate with the investigation. ' lzor+1 a scc zz: I I 6

12. Respondent-police shall complete the investigation as expeditiousl) as possible from the date of receipt of a copy of this order. In the meantime, respondent-police shall issue notice under Section 35 of BNSS for investigation and petitioners shail co-operate with the investigation and attend u,hen called for. It is made clear that petitioners shall present before the Investigating Officer, if the Ofhcer is of the opir-rion that their presence is necessar5r for the purpose of investigation. It is also made clea-r that if they do not present themselves before the Investigating Officer, as required, this order shall stand vacated automatically Any observations made in this order shall not influence the Court below rvhile considering or 'concluding the case at the time of trail

13. Accordingly, the Criminal Petition is disposed of. Miscellaneous Petitions, if any, pending in this Criminal Petition shall stand cancelied. //TRUE COPY// %$,?x'$i"f;:t,EFRlX C'[- \ui ' secrtott oFFlcER To, I Z 3 The Principal Judicial First Class Magistrate at Shadnagar The Station House Officer, Kothur PS' Cyberabad District Two CCs to the Public Prosecutor' High Court for the State of Telangana' Hyderabad [OUT] One CC to Sri Sudarshan Malugan' Two CD CoPies 4 5 Advocate tOPUCI VAJgh HIGH COURT DATED:29101t2025 / \ ORDER CRLP.No.843 of 2025 ?-'tr .:.'.1 t t1L S f.' | '.) 1,, t- ol nt,r, 2W5 z C) U t c * ICtt EO DISPOSING OF THE CRLP ,g /t /o ./< I i