The High Court · 2025

Petition under Section 482 of Cr.P .C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for records in connection with Cr.No.62312020 of Gachibowli police station Cyberabad and quash the same so far as the petitioners are concerned. l.A. NO: 1OF 202'l Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to direct stay of investigation in Cr. No.62312020 of Gachibowli Police Station Cyberabad, pending disposal of the criminal petition before this Hon'ble Court. ' --'l,'"". *.y l.A. NO: 1 OF 2022 Between: The state of relangana and another, Rep by its public prosecutor, High court of Telangana at Hyderabad . . . Petitioner/Respondent AND 1 P9!]!l*dqy .LaxmlReddy, S/o. Late Venkat Reddy, Aged about 54 years, Busrness. H No.5-4715, Chanda Nagar, serilingampaili lril-andal. Ranga Reddy District. 2. Guduru Yugende_r_ !^e{!y., Qt9 n4ohan Reddy, Aged about 45 years, Business. H No.2S-.33J6i1, MailikarjunaNagar.' naria-frinOrapuiimlnlaf, Sanga Reddy District. 3 $:f:yllq-Ta;u..S/o Narasimha , Aged about 52 years, Business, H No.1_4, .. . Res pondents/Accused Vattrnagutapaily Village, Gandipet Mandal, Ranga Reddy District.

4. K Kastro. llvestigation Officer, Gachibowli pS, Cyberabad Petition under Section 482 of cr.p.c praying that in the circumstances stated in the Memorandum of Grounds of criminal petition, the High court may be pleased to vacate the stay granted in l.A. No.1/2021 in crlp No.ls2glz02t on the file of Hon'ble High Court dtd. 19t3t2O21 . ... Res pon denUC o m plai n a nt CRIMINAL PETITION NO: 1530 OF 2021 Between: 2 ly",1["{qy, S/o. .Late Venkat Reddy, Aged about 54 years, o.5-4/t5. Chanda Nagar, Serilingampalli M-andal. Ranga Reddy

1. Donthireddy L Busrness, H.N District. Guduru Yugender Reddy,, S/o. Mohan Reddy, Aged about 45 years, Busrness, H.No.25-33J611, Mallikarjunattagai, ''RaniachanOripuramlilal, Sanga Reddy District. Somayala Raju ,..9/o. Narasimha Aged about 52 years. Busrness, H.No.1_4. VattinagulapattyViilage, Gandipet Mindat, nanga FieOdt OiJtiict --' 2 ... Petitioners/Accused Nos.1 to 3 AND

1. I!p-9lq|" Ollelangana, Rep by its pubtic prosecutor, High Court of r erangana at Hyderabad

2. K. Kastro lnvestigation Officer,, Gachibowli pS, Cyberabad ...RespondenUComplainant ...RespondenUDefacto Complainant Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for records in connection with Cr.No.62512020 ol Gachibowli police station Cyberabad and quash the same so far as the petitioners are concerned. l.A. NO: 1 OF 2O2'l Petition under Section 482 of Cr.P -C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to direct stay of investigation in Cr.No.625/2020 of Gachibowli Police Station Cyberabad, pending disposal of the criminal petition before this Hon'ble C ou rt. l.A. NO: 1 OF 2022 Between: The State of Telangana and another, Rep by its Public Prosecutor, High Court of Telangana at Hyderabad ...Petitioner/Respondent AND '1. Donthireddy Laxma Reddy, S/o. Late Venkat Reddy, Aged about 54 y Business, H.No.5-47l5, Chanda Nagar, Serilingampalli lvlandal, Ranga R District. ears,

2. Guduru Yugender Reddy, Sio. Mohan Reddy, Aged about 45 years, Business, H.No.25-33J6l1, MallikarjunaNagar, Ramachandrapuramandal, Sanga Reddy District.

3. Somayala Raju, S/o.Narasimha , Aged about 52 years, Business, H.No.1-4, Vattinagulapally Village, Gandipet Mandal, Ranga Reddy District. ,..Respondents/Accused

4. K. Kastro, lnvestigation Officer, Gachibowli PS, Cyberabad . .. RespondenUCom plainant Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to vacate the stay granted in l.A. No.'11202'1 in CdP No. 1530i2021 on the file of Hon'ble High Court dtd: 191312021 . tt e4*' '+ gv --,,-- CRIMIN ALP ETITION NO: 1531 OF 2021 Between:

1. Donthireddv L Business. H N Diskict. axma Reddy, S/o. Late Ve.nkat Reddy, Aged about 54 years, o 5-47t5. Chanda Nagar, seritingrmpa.iii rr,iziiailHlnga neoov 2 c AND 1 ',1?,,,,llilil,In?if, *#Btn,,,?f,lt,1j,li,!] Eiif,::_.".j US.i:"-,,,".t# Somayala Raiu. S/o.Narasimha, Aged about 52 years. Business, H.No.1_4 Vattinasutapalty Vilage Gandipei M;ilrt. R;;;"- HIEoy oi.tri.t ...petitioners/Accused Nos.1 to 3 The State of Telangana and another, Rep by its public prosecutor, High Court ot I etangana at Hyderabad.

2. K. Kastro, lnvestigation Officer, Gachibowli pS, Cyberabad. . .. Res po nden UCom pla in a n t Petition under Section ...RespondenUDefacto Complainant ,4g2 of Cr p.C praying that in the circumstances stated in the lVemorandum of Grounds of criminar pelition, the High court may be pleased to ca, for records in connection wiin-br. ruo.ozalz,2, of Gachibowri Hff:;Sl,"^ cyberabad and quash tne s#L J frr. ". t" p"iitio*r., ?* l.A. NO: 1 oF 2021 Petition under Section .482 of Cr.p .C praying that in the circumstances stated in the lrtemorandum_ of Grounds ot Cl,,iinli i"t,t]91, t!" High Court may be pteased to direct stav of investig"tion in c;.N;:;24t2020 of Gachibowri porice statron cvberabad, pen'ding dispoiar of th";;;ln;J petition before this Hon,bre l.A. NO:1 oF 2022 Between: li;"?iil"":t',: ?ir%x?3r*1 another' Rep bv its Pubric Prosecutor, Hish court ... Petitioner/Respondent AND

1. ff L'X:'.tt-'sti,'rEi8l,;,i:"r:A:?%?1fl,r1fiiXx,fl B",i"i:R:,"3X{:el, i I I i I 'ffiEr *'1G5!7. rr:Xt,. ';.d :.$, I -, I I I I I i j j ,,1, t'

2. Guduru Yugender Reddy, Business, H.No.25-33J6l1, Sanga Reddy District. S/o. Mohan Reddy, Aged about 45 years, MallikarjunaNagar, Ramachandrapuramandal,

3. Somayala Raju, S/o.Narasimha , Aged about 52 years, Business, H.No.1-4' Vattinlgulapaily Village, Gandipet Mandal, Ranga Reddy District.

4. K. Kastro, rnvestisat.on officer, Gachibowti ps, "ro;;lfr"i""'ents/Accused . .. ResPondenUCom Pla inant Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the ltlemorandum of Grounds of Criminal Petition, the High Court may be pleased to vacate the stay in l.A. No.1i202'1 in CrlP. No.1531/2021 on the file of Hon'ble High Court dtd. 191312021 . This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri S.Ram Reddy, representing Sri T Nagarjuna Reddy, Advocate for the Petitioners and Sri M.Vivekananda Reddy, Assistant Public Prosecutor on behalf of the Respondent Nos.1 and 2. The Court made the following: COMMON ORDER .}: ./. I l THE HON'BLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETTTION Nos.1529. 1530 and 153l of 2O2! COMMON ORDER: These Criminal Petitions have been filed seeking to quash the Crime Nos.623, 624 and 625 of 2020 on the hle of the Gachibovr4i Police Station, Cyberabad, wherein the petitioners were arrayed as accused Nos. I to 3 for the offences punishable under Sections 120-8 rlw 302 of the Indian penal Code, 1g60 (for shofi 'IPC') basing upon the complaint lodged by the respondent No.2/l nvestigation Offi cer.

2. Heard Mr.S.Ram Reddy, leamed counsel representing Mr.T.Nagarjuna Reddy, leamed counsel for petitioners and Mr.M.Vivekananda Reddy, learned Assistant public prosecutor for respondent Nos.I and 2.

3. Learned counsel for the petitioners vehemently contended that in respect of the very same allegations, Crime No.592 of ZO20 was registered on 24.09.2020 on the file of Gachibowli police Station, Cyberabad, for the offences punishable under Sections 365,452, 509, 323, and 506 read with section 34 of the Indian Penal Code. 1860, wherein the petitioners were amayed as accused \ 2 Nos.l, 2, and 4. After completion of investigation, the Investigating Officer filed a charge sheet before the XII Additional Metropolitan Magistrate, Kukatpally, which was taken cognizance of and numbered as P.R.C. No. 149 of 2020. Subsequently, the said case was committed to the Court of IX Additional District and Sessions Judge (Fast Track Court), L.B. Nagar, Ranga Reddy District, and renumbered as S.C.No.5 of 2021. Leamed counsel further submitted that during the course of investigation in Crime No.592 of 2020, basing upon the confessional statements of accused Nos.l, 2, and 4, the Investigating Officer lodged the complaints, pursuant to which Crime Nos.623, 624, and 625 of 2020 were registered. The allegations made in the aforesaid crimes and the allegations made in S.C.No.5 of 2021 are one and the same. The Investigating Officer is entitled to raise any grievance during his examination on behalf of the prosecution. Hence, the continuation of proceedings against the petitioners in the aforesaid crimes, in respect of the same offence, is a clear abuse of the process of law and is liable to be quashed.

4. Per contra, the learned Assistant Public Prosecutor submitted that the petitioners are not entitled to seek quashing of Crime Nos. .-:r:a*g€= I I I : I i 623, 624, ald 625 of 2020 on the grounds pleaded in the criminal petitions, and therefore, the petitions are liable to be dismissed.

5. Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveais that the petitioners were accused Nos.1, 2, and 4 in Crime No,592 of 2020 on the file of the Gacltibowli police Station. for of-fences punishable under Sections 365, 452, 509,323, and 506 read with Section 34 of the lPC. The Investigating Officer filed the final report before the Xll Additional Metropolitan Magistrate, Kukatpally at Prashanth Nagar, and the said Court took cognizance and numbered the case as P.R.C.No.149 of 2020. Thereafter, the case was committed to the IX Additional District and Sessions Judge (FTC), L.B. Nagar, and the same was numbered as S.C.No.5 of 2021. The record further reveais that during the investigation of Crime No.592 of 2020, basing upon the confession statements of accused Nos. 1, 2, and 4, the Investigating Officer had lodged three complaints, basing on which Crime Nos.623, 624, and 625 of 2020 were registered at the very same Police Station, wherein the petitioners were arrayed as accused Nos. I to 3. 4 6- The core contention of the leamed counsel for the petitioners is that Crime Nos.623, 624, and 625 of 2020 pertatn to the very same offences as Crime No.592 of 2020. The Investigating Off,rcer had already hled the charge sheet in that .case, which was committed to the leamed Sessions Judge and 53 witnesses have already been examined in respect of those offences. Therefore, registering three complaints merely basing upon the confession statements is a clear abuse of the process of law. 7 . It is relevant to mention that respondent No.2/Investigation Officer is entitled to raise all material facts during the course of his evidence on behalf of the prosecution in the pending S.C.No.5 of

2021.lt is not in dispute that respondent No.2 is shown as one of the witness i.e., LW-75 in S.C.No.5 of 2021, and he is entitled to bring forth all material facts while recording his .evidence.

8. For the foregoing reasons, this Court is of the considered view that the continuation of proceedings against the petitioners in Crime Nos. 623, 624, and 625 of 2020 is a clear abuse of the process of law. Accordingly, the proceedings in Crime Nos.623, 624, and 625 of 2020 on the file of Gachibowli Police Station, Cyberabad, are quashed" i ;r'. t I .)

9. It is made clear that respondent No.2/Investigation Off,rcer is granted liberty to raise all material facts during the course of his evidence on behalf of the prosecution in S.C.No.5 of 2021

10. Accordingly, the criminal petitions are allowed. Pending miscellaneous applications, if any,, shall stand closed. //TRUE COPY// SD/- M. JAWAHAR REDDY STANT REGISTRAR SFI ,1. \i I SECTION OFFICER To, The Xll Additional Metropolitan Magistrate, Kukatpally at prashanthi Nagar, Cyberabad The Station House Officer, Gachibowli police Station, Cyberabad Two CCs to Public Prosecutor, High Court for the State of Telangana at Hyderabad [OUT] One CC to Sri T Nagarjuna Reddy, Advocate tOpUCl Two CD Copies 2 J 4 5 ABK HIGH COURT DATED: 2510912025 COMMON ORDER CRLP.Nos: 1529, 1530 and 1531 OF 2021 ix $,:Ir t". .:) 070:Tzffi .!- . . ::. _, ! _r_,-.- :. ;.'' -,1 -i-,^', ..i ': ,' -- ALLOWING THE CRIMINAL PETITIONS