High Court · 2025

1. The State of Telangana, Represented by Public Prosecutor, High Court of Telangana Hyderabad

2. Assistant Commissioner of Police, Economic Offences Wing Cyberabad J. Kukala Venka Refldy, S/o Subba Reddy Deputy Colwelctor cum Tahsildar, Serilingampally, Gachi Bowli, Ranga Reddy District Respondents/Com plainant Petition under Section 482 of Cr.P.C, praying that in the circumstances stated in the affidavit filed in support of the Criminal Petition, the High Court may be pleased to quash notice issued by the 2no respondent of Economical Offence Wing, Cyberabad Notice U/s 94 BNSS for production of document No. 3345 of 1978 dated 06.02.2025 in FIR No. 79 OF 2024 on the file of [EOW] of the 2nd respondent. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased stay of all further proceedings notice issued by the 2nd respondent of Economical Offence Wing, Cyberabad Notice U/s 94 BNSS for production of document No. 3345 of 1978 dated 06.02.2025-in FIR No. 79 OF 2024 on the file of [EOW] of the 2nd respondent pending disposal of the above quash petition of CRLP 2236 of 2O25, on the file of the High Court. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri C. Vijayalaxmi, Advocate for the Petitioners and the of Sri Jithender Rao Veeramalla, learned Addl Public Prosecutor (TG) on behalf of the Respondent No.1 and None appeared for the Respondent No.2 & 3 . The Court made the following: ORDER =::7 HCIN'BLE SMT. JUSTICE JUWADI SRIDEVI - CRIMINAL PETITION No.2236 of 2025 - ORDER This Criminal Petition is filed seeking to quash the notice, dated

06.02.2025 under Section g4 of BNSS (previously Scrction g1 of Cr.P.C.) issuerl to the petitioner-accused No.1 directing hirn to produce Document No 1345 of '1978 in FIR No.79 of 2024 of P.11. Economic Offences Wing Cyberabad, registered for the offences under Sections 318(4), 316(5) :t38, 336(3), 340(2) and 61(2) of BNS.

2. Heard tulrs.C.Vijayalaxmi, learned counsel for the petitioner, Sri Jithender Ilao Veeramalla, learned Additional publi<' prosecutor appearing for rerspondents and perused the record.

3. Brief f;lcts of the case are that on 24.10.2024, t:he de facto complainant locged a complaint stating that all the accused in the crime conspired together, created forged and fabricated documc.nts to grab the valuable G:vernment land, which is under prohibitory list, as per Section 22-A of Registration Act and accused No.9, who is the Joint Sub-Registrar has allowed the said document bearing No.;,65 o,f 2024, dated'1 1.10.20).4. Basing on the said complaint, a case in llrime No.7g of 2024 was re(tistered for the aforesaid offences. During the course of investigation. th: petitioner-accused No.1 was arrested and released on bail. Thereatte,r the lnvestigating Officer has issued the impugned 2 t,a notice under Section 94 of BNSS to the petitioner-accused No'1 calling upon to produce the Document No 3345 of 1978 within one week of the receipt of said notice. lt is further stated that the trial Court' while granting bail clearly stated that Document No 3345 of 1978' which the prosecution believes to be in his possession can be recovered from him' even while he is on bail and despite repeated efforts by the prosecution' the recovery of the said document was hindered' due to the denial of police custody and his reported health conditions Challenging the said notice, the present criminal petition is filed by the petitioner-accused No.1 Learned counsel for the petitioner submits that the subject land 4. belongs to the father of petitioner and though the petitioner has not committed any offence, the respondent has falsely implicated the petitioner and his family members in the present crime He further submits that most of the investigation has been completed' therefore' the petitioner appearing before the 2nd respondent does not serve any purpose. He further submits that if the petitioner produces the said document before the 2nd respondent, respondent Nos'2 and 3 may manipulate the said document by the authorities Furthermore' the petitioner is suffering from various health lssues and his health condition is deteriorating day-by-day Hence' he prayed to quash the impugned notice .-=-F=:=.:=;z 'v- 3

5.Ontheotherhand,learnedAdditionalPublic[)rosecutor Submitsthattherrlarespecificallegationsagainstthepetitionerherein. Despite issuing tne impugned notice, the petitioner neither appeared before the 2nd respondent nor produced the relevant document Hence' he prayed to disnriss the criminal petition'

6. A perusal of the record reveals that the trial Court' while grantingbailtotlepetitioner-accusedNo'lclearlystatedinitsorder, dated22.01.2O2,';lhatDocumentNo'3345oflgTBisanimpcrtantpiece of evidence, the prosecution believes the said document is in his possession ancl .he same can be recovered even if he is on bail lt is evident from thr: impugned notice that the petitioner has submitted photocopies of ttre said document in multiple judicial proceedings before various courts rvhich itself shows that the petitioner is in pcssession of thesaiddocument'lnthesaidcircumstances,thisCourtisofthe considered view that there are no grounds to interfere and:he criminal petition is liable .o be dismissed. 7 Accordingly, this Criminal Petition is dismissed Pendin,l miscellaneous aPPlications, lf any, shall stand closed. //TRUE COPY/i Sd/- L. LAKSHMI BABU ASSISTANT REGISTRAR \: CTION OFFICER To,

1. The t Additional Junior Civil Judge Cum- Xll Addl. Judicial Magtstrate of First' class, Nledcha, Malkajgiri District at Kukatpally.

2. The Station Ho rse Officer, Economic Offences Wing, Police Station, Cyberabad. qe) .{:i '

3. One CC to Sri lt/s. C. Vijayalaxmi, Advocate [OPUC]

4. Two CCs to PUBLIC PROSECUTOR, High Court for the State of Telangana at Hyderabad [OUT]

5. Two CD copies. BJLB/gh ;t" HIGH COURT DATED:1710212025 ORDER CRLP.No.2236 of 2O25 CRIMINAL PETITION IS DISMISSED , I --'-: " "-- .a -.. t , ei-ri-.. ,..tt, ,j: d o7 t.t,ij'/i125 t _)]:s pArc' x .+ t I lro ,{