The High Court · 2025

THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL CRIMINAL PETITIO N NO: 2877 OF 2025 Between: Age. . 54. years, Ca*e Kankipati Anand, S/o Kankipati Hanumantha Rao, . aranniii,, occ. Advocate. R/6 H.No- C-9i2. BHEL AVEMACHS Colony, old alwal Road, Secunderabad-s000'l 0. ...PETITIONER/ACCUSED AND

1. The State of Telangana, Rep. by its Public Prosecutor High Court of Telangana at HYderabad

2. Sri.Balamuri Rajender, S/o Navanitha Rao, (DEFACTO COMPLAINA\T) Aqe 49 vears. Caste. Velmb. Occ Business and Secretary to Vijetha Foundation( Reliabilitation Centre) R/o Flat No.503, Hill view Apartment, M J Colony' Moula-ali, Ir/alkajgiri Mandal, tr/ledchal District. Hyderabad. ...RESPONDENTS 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 call for the records relating to the charge sheet in c-c. No.20 of 20lS,whichispendingonthefileofonthefileofthecourtofthe X Additional Meiropolitan Magistrate, at Medchal, Medchal Malkajgiri District, and quash the proceedings thereon. 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 against the PetitionersiAccused in c.c. 20 of 2018, d-ated 16.04.2021, on the file of the court of the lll Additional Junior civil Judge-cum-X Additional .Metropolititan [t/lagistrate, at Athiveli, Medchal, pending disposal of the main criminal Petition, in the interest of justice. This Petition comino on for hoa.i^^ ,._^- _ i p jrl,1l l: G ro u n d s o r c.i, i n ;;,:"j"^ " Bhasker, Advocate for the petitione, anO tf,. nlrsist " courr ror the State oi.","nnrnu, Hyderabad No.1 and of Mr. G.Aditya Goud, Advocate for the R-esponOent No Z ;il. f.",: ,'Jll,ff , i; TI" l.Jil fl ", o"n;,?:l[oJUi]"_""r#:r::r* _::i " The Court made the following: ORDER: a, ; / THE HONOURABLE SRI JUSTICE E. V. VENUGOPAL c RIMINAL PETITION No.2877 of 2025 ORDER: The present criminal petition is filed under Section 528 of BNSS, seeking to stay a1l further proceedings including the appearance of the petitioner in C.C.No.2O of 2018 on the file of the learned X Additional Metropolitan Magistrate at Medchal Matkajgiri District (for short,'the trial Court).

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

3. The brief facts of the case are that the complainant was running Vijetha Foundation at H.No.S- 12-42/3, Indira Nagar, Malkajgiri Mandal, Medchal District from last 15 1'ears, in proce ss the complainant received a phone call from the accused stating that the complainant did not any permission for running the foundation and demanded money for running the foundation. When the complainant refused to give the amount demanded by the accused, the accused started threatening the complainant I \ 2 with dire consequences. Hcnce, the complainant lodged complaint against the accused. a \

4. On receipt of the said complaint, the Inspector of police, Jau'aharnagar, Rachakonda, registered a casc i. crime No.301 of 2O17, under Sections 387 and 5O6 of IpC. Heard learned counsel appearing for the pctitioncr/ accusecl, learned counsel appearing for responclent No.2 and lcarned Assistant Public ProsecuLor appearing for the responden t_State. Perused the record

6. Learned counsel appearing for the pe titioner/ accused would submit that thc petitioner was appointed as a sor:ial rvorker in the clepartment ol Medical Eclucation regarding the oocration of illcgal rehabilitation centers in and around Hydcrabad. The team,s responsibilitv was to inspect rehabilitation centers operattng without adequate infrastructure or qualihcci ps_r,chiatric docto;:s. While it is so, the petitioncr came to know that respondcnt No.2 is running an illegal rchabilitation center unclcr tl.ie name of Vijetha Foundation, deceiving the public by offcring treatmcnt u,rthout the mandatory psychiatrist, psychologist and infrastructurc required under the Mental Health Act, 19g7. To coun ter the actions r ' :t i: I 1l 3 against the illegal practices, respondent No.2, in collusion and with the assistance of I. O of Jawahar Nagar Policc Station, conspired to llle a false complainI against the petitioner.

7. Learned counsel further submitted that the investigating officer had deliberately recorded that the petitioner had visited the premises of the complainant and threatened him with dire consequences. But, during the cross-cxamination, the investigating officer admitted that the charge-sheet does not mention that the accused personally threatencd the complainan l. This unequivocally establishes that the investigating officer, by misusing his authority, knowingly fabricated lalse charges against the petitioner, leading to his unlawful incarceration without sufhcient cause. The trial is also not in active progress and the petitioner is suffering for pending oI trial before the trial Court. Hence, seeks indulgence of this Court to quash the proceedings against him.

8. Learned counsel appearing for respondent No.2 would submit that the trial is in active progress and except the petitioner, a1l other witnesses were examined. Therefore, interference of this Court at this stage is unwarranted Hence, seeks to dismiss this criminal petition. I I I ..1

9. Per contrct, the learned Assistant public prosecutor vehcmently contendecl that only after cornpletron of the investigation, the Investigating Officer has filed charge shcet before the learned trial Ccurt and the case \{,as numberecl as C.C.No.2O of 2Oi8 and the truth or otherwise would be revealed only after full-fledged trial. Therefore, he pr.ays this Court to dismiss the present criminal pctition.

10. Considering the submission of learned counsel lor thc parties, sincc the lrial is at the conclusion stage and pcnding for oLher *,itnesses including the pctitioner lo be examined. the trial CourL is r:lirected to conduct and conclude the trial as expeditiously as possible, preferably, within a period of four (O4) months from the date of receipt of a copy of this order. 11 Accordingly, the criminai petition is Cisposcd of Pencling miscelianeous applications, if an1 , shall stand closed SD/.M.NAGAMANI ASSISTANT REGISTRAR //TRUE COPYII To, SECT OFFICER

1. The X Additional lt/letropolitan Magistrate, Medchal, Malkajgiri. 2. The Station House Officer, Jawaharnagar Police Station 3. One CC to Sri.K.Vrlaya Bhasker, Advocate [OPUC] 4. One CC to G.Aditya Goud, Advocate [OPUC] 5. One CC to the Public Prosecutor, High Court for the State of Telangana, Hyderabad [OUT] 6. Two CD Copies 9A- PSK /psl HIGH COURT DATED:2710612A25 a\ I 03 sEP zffi :)+ - -;?' ORDER CRLP.No.2877 ot 2025 DISPOSED OF THE CRIMINAL PETITION 0A ---.-+a'- 3z S lzl