High Court · 2025

The State of Telangana, Represented by Public Prosecutor' High Court for the State of Telangana' Ramesh Battura,. s/o.Bh"3i,1"r:H:3,,?,ti5l!;'r',1"5t? occ Asricurture' R/o H No 1-'13, Sonala Village' I ,..RESPONDENTS/COMPLAINANTS Petition under Section 528 of BNSS' PlaYi.ng that in the circumstances stated in the lilemorandr#"t"O1"*U. of Cirminal Petition, the High Court may be pleased to Quash th":l.*;';";lri N" 1B of 2025 dated 30-01-2025 on the file of the P.S Boath, noir'['l'6iti'ict arraying the-petitioner as Accused No 1 in connection with sections"iioitl'lGiii Srstzi BNS and Section 3(1)(s)' gAiir"i acasT Prevention of Atrocities Act' r.A. NO :2 aF 2025 Petition under Section 528 of BNSS' playln)o that in the circumstances stated in the Memorand'#"tt?*at oiciin'lrn'r Fetition' the High Court mav be oleased to Stav,rr t'ri#'"p''ll""ii"gt i^ rlf .rrro 18 of 2025 dated 30-01- 2O2S onthe fite ot tn. p.b"'toat-f.,', naliaOaO District pending disposal of the Criminal Petition I I I I ' ThisPetitioncomingonforhearing,upon.perusingtheMemorandumof hearing the arguments of Sri R Grounds of Criminal "j- 'p"?' SUSHANTH REDDY, Aclvocate for the ietitioner and Sri E GANESH' Additional public prosecutor, on o.r,rrii: "ilh" nespondent No.1 and none appeared for Resoondent no.2 ihe'court made the following: ORDER "ui''ion THI HONOURABLE SRI JUSTICE E.V.VENUGOPAL CRIMINAL PETITION N o. 1867 of 2025 ORDER: The present criminal petition is filed under Section 52g of BNSS, seeking to quash the proceedings in crime No. 1g of 2o25, dated 30.01.2025 on the file of the police Starion Boath, Adilabad District arraying the petitioner as accused No. 1 in connection with Sections 296(b), 1 1S(2), 31s(2) BNS and Sections 3(1)(s), 3(2)(va) SC/ST(POA) Act.

2. The petitioner herein is the accused and respondent No.2 herein is the complainant before the trial Court. F.or the sake of convenience hereinafter parties are referred to as the accused and the complainant.

3. The brief facts of the case are that, on 3O.O1.2O25 at 1g:3O hours, the complainant went to the poiice station and lodged a telugu written complainant stating that on 2g.or .2025 at 20:30hours, when the complainant was in the home, there was a conversation about one patil Bheem Rao, who was posted as Sonala Mandal BRS party social media convener in the whatsapp group named Sonala Samacharam. When the complainant messaged in that whatsapp group, a person named Gudala 2 Aneesh messaged to defame the complainant in the whatsapp group. Then the complainant called the person and asked why he was talking badiy about him then Gudala Aneesh talked rudely again with the complainant' Then the complainant asked the person to meet at Shivaji Statue in Sonala' Then Gudala Aneesh camenearthecomplainantandtalkedinlrlthylanguagewiththe complainant and also about the complainant's caste' Also he beat the complainant on his left eye, stomach, face and head When he was beating the complainant, the persons named Gajula Pothama, Nalla Vijay Bhaskar Reddy' Chetlapelli Anil were present with the complainant' Gudala Aneesh also threatened these persons that if they say this matter then he will kill them' Therefore, it is required to take necessary action against Gudala Aneesh for hurting the complainant and taking badly about the complainant's case

4. Basing on the contents of above complaint' Inspector of Police, Boath Police Station, Adilabad, registered a case in Crime No.18of2025, urrd'ersections2g6(b1,115(2)'315(2)BNSand Sections 3(1)(s), 3(2)(va) SC/ST(POA) Act' ' '1t.,:' 3 5 Heard learned counsel appearing for the petitioner/ accused and learned Assistant public prosecutor appearing for the respondent-State. perused the record.

6. Learned counsel appearing for the petitioner/ accused would submit that the petitioner and respondent No.2 did not have any acquaintance and there a,re no disputes between respondent No.2 and the petitioner. The complaint would also show that respondent No.2 is politically motivated and filed a faise complaint only to harass the petitioner. Even as per the complaint, the offence under Section 3(2)(va) is not attracted. He further submitted that the alleged incident took place on 29.07.2025 and the complainant was lodged on 30.O1.2025 and the complainant failed to provide any reasonable explanation Ior the delay in lodging the complaint ald as such the FIR is liable to be quashed. 7. Per contra, the leamed Assistant public prosecutor vehementiy contended that the crime is at the investigation stage and the offences levelled against the petitioner are under 7 years of imprisonment and the respondent_police are in the process of conducting investigation and the truth or otherwise would be 4 revealed only after fuil-fledged investigation' Therefore' he prays this Court to dismiss the present criminal petition'

8. On perusal of the record, since the punishment prescribed for the offences alleged against the petitioner is upto seven (07) years, this Court deems it appropriate to direct the petitioner to appear before the Investigating Ofhcer in Crime No'18 of 2025' dated 3O.O1.2025 on the file of the Police Station Boath' Adilabad is directed to follow the District. The Investigating Ofhcer procedurelaiddownunderSection35(3)ofBNSS(previously, Section 41-A of Cr.P.C ) and also the guidelines formuiated by the Hon'ble Sr.rpreme Court in Arnesh Kutnar a' State oJ Biharr scrupulously' However, petitioner shall submit his defence and co-operate with the Investigating Officer as and when required' by furnishing information and produce all relevant documents/material required for the purpose of the investigation' The Investigating Oflicer shall consider the same and hle appropriate report before the learned Magistrate concerned' as expeditiously as possible, preferably' within a period of three (3) months from today. It is made clear that the respondent-Police shall not take any coercive steps against the petitioner in the t lzot+; s scc zzl 5 I I name of investigation viewed seriously. Any d.eviation, in this regard, shall be 9 Accordingly, the Criminai petition is disposed of. Pending miscellaleous applications, if any, shall stand closed //TRUE COPYII L. LAKSHMI B PUTY REGIST ABU RAR s d D 4 I \l SECTION OFFIC ER use Officer, Boath p.S., Adilabad District R SUSHANTH REDDY AdI BL rc pRos EcuroR His;:"ofl;iff ::1.," or reransana I To,

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4. Two.CD Copies ***,rt, ftilq, -lF-""- HIGH COURT DATED:25 t06t2025 f ;"r .) 1 6 E5 P 2025 \ s \ .// ,/' !\ ORDER CRLP.No.1867 of zOZs I I I I i i I DISPOSING THE CRIMINAL PETITION g