The High Court · 2025

1 The State of Telangana, Through its Public Prosecutor' High Court Building, High Court, Hyderabad. ...PETITIONER/ACCUSED No.1 I A.Pradeep, s/o Late. shankar Age. 32 Years, occ. "",.^:.t,.:J::]lrI:; Hosoital'R/o. 9-1716/4, Streef no.8. Ravindranagar colony,Habsiguda, Seclnderabad District -Telanqana C/o. Vet. Assistant , veterinary Hospital Peddamalla reddy village , Biknoor Mandal, Kamareddy Dist-50310'1. ,RESPONDENT No.2/DEFACTO COMPLAINANT 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 Quash the proceedings against the Petitioner/ Accused No.1 in cc No. 171 ol 2022 on the file of the court of the special Junior First class Magistrate at Nizamabad, Nizamabad District for the offences under sections 384 of lPC, in the interest of Justice. l.A. NO: 1OF 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 of all proceedings against the Petitioner/ Accused No- 1 in CC No. 171 of 2022 on the file of the Court of the Special Junior First Class Magistrate, at Nizamabad, Nizamabad District for the offences under sections 384 of IPC pending disposal of the Criminal Petition in the interest of Justice. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri K KoNDAIAH, Advocate for the Petitioner and sri. E GANESH, Additionat public Prosecutor, on behalf of the Respondent No.1 and none appeared for Respondent no.2 The Court made the following: ORDER THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL CRIMINAL PETITION No.2515 oF 2025 ORDER: This Criminal Petition is filed seeking to quash the proceedings against the petitioner/ accused No' t in C'C No 17 1 of 2022 on the file of the learned Special Judicial F irst Class Magistrate for Mobiie Judge, at Nizamabad, Nizamabad District (for short, "thc trial Court") for the offence punishable under Section 384 of I.P.C.

2. Heard Mr.K.Kondaiah, learned counsel for the petitioner ald Mr.E.Ganeslr, learned AssisLant Public Prosecutor appearlng for rcspondcnL No.1 State

3. Thc bricf facts ol Lhe case are that on 22'O1 2022, respondent No.2 I de facto coroplai nan t filed a complaint before the stating lhat on 12.O1.2022, the petitioner who \\ras an emplovee (working in contract basis) in Kama Reddy, District Court stood as surety to one Raj Kiran. It is alleged that the petitioner along with his lriend came to the house of respondent No.2 in a Motor Cyctc bearing No.TS 16 EM 7303, asked him to return back his promissory note and attacked him; that they pushecf-responden t No.2, took his mobile phone and net cash ., ..1 : worth Rs.S,OOO /-. k is further stated that eariier, respondent No'2 gave Rs.2,00,0o0/- to Raj Kiran as hand loan on which the petitioner put his signature as suret-. As Raj Kiran became defaulter, respondent No.2 sent legal notice but in vain. Since then, they developed grudge and took au,ay his phone and cash by putting him under fear. Basing on the said facts, the present crlme ls regrstered.

4. Learned counsel for the petitioner submits that the present complaint is liled after a lapse of tcn (10) days from the date of the incident. He stated that respondent No.2 took loan of Rs'5,00,000/- from the petitioner, in order Lo meet financial necessity of treatment of his mother and failed to repay the money; that aggrieved thereby, the petitioner filed civil suit vide O.S.No.78 of 2025 before the learncd I Junior Civil Judge, at Secunderabad and the same is kept pending. He states that respondent No,2 filed O.S.No. 124 ol 2022 on the file of learned Principal Junior Civil Judge , Nizamabad against one T.Raj Kirar_r and the petitioner herein, who stood as a u,itness; that the said Suit was decreed against delendant No.1 only i.e., T.Raj Kiran. Therefore, he states that to evade pal,ment of money, respondent ) No.2 falsely implicated the petitioner in the present crime ald seeks to allow the Criminal Petition.

5. Learned Assistant Public Prosecutor contends that the investigated is completcd, list of witnesses have been examined andSection16lCr.P.C'Statementsofwitnessesarerecorded. Thcrefore, he states that the matler requires to be tried ald seeks to dismiss the Criminal Petition. I'Iaving regard to the submissions of both the learned 6. counsel and on peru sing the material available on record' this Court without going into the merits or demerits of the case' is inclinedtodircctthepetitionertofilearrapplicationseekingto dlschargehimbeforethetrialCrlurtbyraisingthecontentions raised in this Criminal Pctition Upon filing of such an application, the trial Court shall examine and pass appropriate orders, as per law, as expeclitiously as possible, preferably within a period of three (3) months thereon ' I I 7 AS Accordingly, this Criminal Petition is disposed of However, sought for by thc learned counsel for the petitioner' the appearance of the petitioner is clispensed with in C C No' 17 I of 2022 on the file of the learned Special Judicial First Class Magistrate, at Nizamabad, Nizamabad District when represented t I .-! 'I \, by his counsel on record. The appearance of the petitioner is dispensed with subject to hling an affidavit b1. the petitioner stating that in his absence, the proceedings conducted by his counsel will not be disputed by him in any manner. Howcver, the petitioner sha1l appear before the learned Magistrate as and r,vhen his presence is required. In the event of failure of the petitioner to appear when the Court directs, this order dispensing i;r,ith his appearance stands vacated automaticallv. Miscellaneous Petitions, pending it any, shall stand closed To, //TRUE COPYII SD/-M.NAGAMANI TANT REGISTRAR SI SECTION OFFICER District d, Nizamabad

1. The Special Junior First Class Magistrate, at Nizamaba 2' The r"t Additionar Judiciar Magrstrate of First crass at Nizamabad. 3. The Station House officer, Nizamabad lll Town p.s., Nizamabad District. 4. One CC to SRt. K KONDAIAH, Advocate tOpUCl 5. TworCCs to pUBLIC PROSECUTOR, High Court for the State of Tetangana 6. Two CD Copies MKN/PSL s HIGH COURT DATED:0910712025 oG tHE S14 r4r ( o {.) 1r tlJB 2U5 (- Z a I os ORDER CRLP.No.2515 ot 2025 oP DISPOSING THE CRIMINAL PETITION (cg.q@ Y