The High Court · 2025

Petition under Section 528 of BNSS 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 quash the CCNo.618/2024 on the file of the Addl Judicial tvlagistrate of First CIass at Korutla, Jagitial District. l.A. NO: 2 OF 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 stay all further proceedings in the CCNo.618i 2024 on the file of the Addl. Judicial Magistrate of First Class at Korutla, Jagitial District. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petitron and upon hearing the arguments of Mr RAJAGOPALLAVAN TAYI, Advocate for the Petitioner and Mr E GANESH, the Assistant Public Prosecutor (TG) on behalf of the Respondent No.1 and none appeared for the Respondent No.2. The Court made the following: ORDER THE HONOURABLE SRI JUSTICE E.V.VENTI(}OPAL CRIMINAL PETITION No.1914 oF 2oi15; ORDER: This Criminal Petition is filed under Sectron 528 of Bharatiya Nagarik Suraksha Salhita, 2023 (BNSS, 2)123) seeking to quasir the procr:edings against the petitioner -eLccused in CC No.237 of 2O21. pending on the file of the learncd Additional Judicial Magistrate oI First Class at Korutla, Jagitial I)jstnct.

2. Heard Sri Rqa Gopallavan Tayi, learned crtunsel for petitioner, Sri E. Gan:sh, learned Assistant Public pro secutor for the State respondent No.1. Perused the record

3. The bnef facrs ,rf the case are that on2I.O2.2A24 at 15.0O hours the complarnant - respondent No.2 lodgecL a written complaint stating tl-rat he is resident of Anand Nagar, Korutla and about one year back the accused was introduced to him. The accused took Rs.2,50,000/ from him and sent him t,t Kurn ait on Delrvery job. On 18.A7.2023, while he was going on bilre, one car dashed him from back side, resulting which he recei,, ed bleeding injuries on his left leg. Later, he was shifted to the L.ospital and got treatment. Then the accused told the complainant to take \ further treatment oi-tilAi^, he will send the amount through 2 someone and prornised hirn that he will take back him in duty after he got recovered. The compiainant returned to India and got treatment by spending Rs.5,0O,O00/- of his own money Thereafter, the complainant asked the accused to return the amount which he already paid to him. Then the accused abused him in filthy language and threatened with dire consequences. Therefore, the petitioner-accused committed offences offences under Section 42O of IPC and Section 10 of Immigration Act

4. Learned counsel for the petitioner wouid submit that it is the petitioner who had attended the complainant to undergo his treatment at Kuwait. The petitioner, having been employed in Kuwait, was unable to a-fford the complainant's medical expenses there. Consequently, he arranged for the complainant to return to India for further treatment. The petitioner had never cheated the complainant AS alleged in the complaint and the present complaint against the petitioner is an after-thought and the petitioner was falsely implicated in this case, hence seeks indulgence of this Court.

5. Notice sent to the respondent No.2 has been served ald to that extent a memo has been fiied vide USR No.45137 of 2025. ':.r:=., =ry- t/ Inspite of receipt ol notice, there ls no appearance on behalf of respondent No 2 Learned Asslstfnt Public Prosecutor u'ouid stLlrr-rit that the 6. 16 i Cr.P.C statemerrt rs corroborating the fact of the <:ommission of crime by the petitioner and continuation ol relationship betu,een the petitioner and the accused' It has beer-r established that in order to provide Visa to the complainant-resp ondent No'2' accusedhadobtirlnedaSumofRs.2,5o,O0O/_andsenthimto Kur.r,ait, rvherc he joined as Deliverl boY Since h e met with accident, accuse<] sent him to India stating that he would take therespondentl'Jo.2intobackasaDeliveryboyjob,butthe petitioner nerther taken hack him to Kuwait nor returned his money. AII thcse aspecls can only be elicited t'y conducting thorough trial and interference of this Court at this stage is unwarranted

7. Having regarc to the submissions made by botli the learned counsel for the petitioner and learned Assistalt Putrll c Prosecutor and upon examination of the materials before this Oourt' is of the opinion that the pnma-facie case has been made out against the petitioner and triai is yet to be commenced' Tht r:fore' at this. t { l 4 !l stage, interference of this Court in the trial proceedings is not warralted

8. However, as sought by the learned counsel for thc petitioner, the appearance of the petitioner-accused is clispensed ',r,ith in C.C.No.237 of 2024 on rhe file of the Judicial Magistrate of First Class at Korutla, when represented by his counsel on lecord. The appearance of the petitioner accused is dispensed with subject to filing an a-ffidavit by the petitioner stating rhat in his absencc, the proceedings conducted by his counsel will not bc disputed by him in any manner and shall not dispute his identitl also. However, the petitioner-accused shall appear before thc learned trial Court as and when his presence is required. In the event of failure of the petitioner to appear when the Court directs, this order dispensing u,ith his appearance shall stald cancelled.

9. With the above observation, this petition is disposed of As a sequel, miscellaneous applications, pending if any, shall stand closed SD/- K.BHAVANI SWAMY ASSISTANT REGISTRAR 6 /ffRUE COPY// SECTION OFFICER To, 1 . The Judicial Magiskate of First Class at Korutla. 2. The Station House Officer, Korutla Police Station, Jagtial Dist - ^ coJJ ^^- ,'a-'-::.d *7 i l

3. Two ccs to the pubric prosecutor. High court for the iitate of rerangana, at Hyderabad [OUT] 4 One CC to Mr RAJAGOPALLAVAN TAyt. Advocate [Op JC] 5. Two CD Copies RC/'PSl. Pnn q HIGH COURT DATED: 1910G12025 I I { I ORDER CRLP.No.1914 of 2025 f J o o 1.. 5 ( l 1t: l) I ,i .a \r. il0lj ro5 aF: r). --. ' ri:l This Criminal Petition is Disposed of. fF^q elqtlrr