High Court · 2025

2. Aitha Lingamurthy, S/o Pentaiah, Age 48. years, Occ Business' R:/o H'No - 3 Binoi srishailam. S/o. Siddimallaiah, Age 42 years, occ Agriculture, - 4. Erugu Yakaiah, S/o. Siddaiah, Age 32 y9ars, Occ Business' R/o H No 348' ' VerZnnapet Village, Cherial Mandal, Siddipet District' Ventiryata Village, Jangaon Mandal and District' ...PETtrloNERS/ACcusED(S) AND

1. The State of Telangana, Rep. by Public Prosecutor' High Court For the State of Telangana at HYderabad.

2. The Mandal Executive Magistrate and Tahsildar' Cherial Mandal' Siddipet District.

3. The Sub-lnspector of Police, Cherial P'S, Siddipet District' ...RESPONDENTS/COMPLAINANTS Petition under Section 528 of BNSS praying that in the circumstances statedintheMemorandumofGroundsofCriminalPetition,theHighCourtmay be pleased to quash the proceedings in M'C'No'C/293' Dated 26'03 2025 issued ,.lnder Section 130 of BNSS and the consequential enquiry proceedings issued undersectionl35ofBNSSonthefileofTheMandalExecutiveMagistrateand Tahsildar, Cherial Mandal' Siddipet District' LA. NO -.20F 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 {: rant interim stay of all further proceedrngs in M.C,No.C/293, Dated 26 03 rr0r [; issued under section 130 of BNss rrnd the consequentiar enquiry prcc(;e'J rrgs issued under section 1 35 of UNS S, o n the file of The Mandar Exp6r11 ., 6' Magistfate & Tahsirdar, cheriar Marrdar siddipet District against the ce titi.ners. in the interest of justice pending disposilr of the criminar. This 'rertiti,r I coming on for hearing, upon perusingr the Memorandum of Grounds cf O'iminal Petition and upon hearing the arguments of Sri S- Surenrje- leddy, Advocate for the petitioner arrd S ri Jithender Rao veeramafla, A'rrdili,nar pubric prosecutor (TG) on beharf of the Respondent No.1 and none appear(,(l for the Respondent No.2 and 3. The Court made tle following: ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMIN AL PETITIO N No. 51 010F 2025 ORDER This Criminal Petition is filed under Section 528 ot Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS' 2023')' seeking quashment of the proceedings against the petitioners in M'C'No'C/293' dated 26.03.2025 issued by the Mandal Executive Magistrate & Tahsildar' Cherial Mandal, Siddipet District.

2. Heard Mr.S.Surender Reddy, learned counsel for the petitioners andMr.JithenderRaoVeeramalla,learnedAdditionalPublicProsecutor' representing the respondent No. 1 -State'

3. Learned counsel for the petitioners submits that the impugned show cause notice under Section 130 of BNSS' 2023 is issued without giving any opportunity to the petitioners to submit explanation and without proper inquiry under Section 130 of BNSS' solely basing on the requisition of the Sub-lnspector of Police' PS Cherial' Learned counsel further submits that as per the order, the enquiry proceedings under Section 135 of the BNSS, 2023 have been conducted on 25'03'2025 even before issuance of show cause notice' This fact itself is establishing the falsity in the proceedings' That apart' the allegations against petitioners in criminal cases are purely civil in nature and they were falsely implicated and they have not violated the law and order and 2 NrR/ Cr/.l,.No. 5101 o/ 202i breach of p,3ace. Hence, prayed for quashment of the show cause notice issued again;l the petitioners. 4 . Lr-,a -ne cl Additional public prosecutor stat()s I hat, based on informatiorr f'crm the sub-rnspector of porice, cheriar porice station, the Tahsirdar hau issued notice to the petitioners to shcw c;ruse as to why they shou|J rot be ordered to execute a self bond fcrr Rr,;1,00,000/_ with two sureti,:)s for a like sum for the period of (12t mr)nths for good behaviour' lerarned Additionar pubric prosecutor frlrthtirr submits that after condcrctirrl; enquiry under Section 135 of BNSS, ilo2:,, the Executive Magistrate harr issued the show cause notice and sought uor disniissar of the petitic,n 5 I havc, c:;uefully examined the materials on recorcl

6. A c,c,se: *xamination of the impugned show cartse notice reveals that, based o r a report of the Station House 0ffic,_.r, r )heriat police Station on 2t5 c3-2025 areging that the petitioners are habituar offendbrs involving a b,re;c;h of the peace in the limits of Cherial l)olic,e Station, the Executive Magrr s trate/Tahsildar (respondent No. 2) hacr issrled. notice to the petitiorrers f rr execution of self bond for Rs.1 ,C0,0()0/_ with two sureties for a i<e sum for a period of (12) months fcr their good behaviour_ Notat,ly, no opportunity was given to the petitiont,rrs to explain ... or respond belfcr: the issuance of the orders 3 NTR/ C,LP.No. 5t0t oJ 2025 The record further shows that on 25'03'2025lhe Mandal Executive 7. Magistrate & Tahsildar conducted an inquiry under Section 135 of BNSS' the inquiry which is contemplated as to truth of information upon the show cause order made under Section 130 of BNSS' ln the instant case' conducting inquiry even before issuance of show cause notice is giving rise to entertain any amount of reasonable doubts' I For this sole reason, the impugned notice dated 26'03'2025 stands untenable in the facts and law'

9. Resultantly, the impugned proceedings in M'C'No'C/293 dated 26.03.2O25 are set aside' Howsoever' it is made clear that this ordershallnotbeanimpedimentfortheauthoritytoconductappropriate proceedings for default of security by strictly abiding the procedure and in accordance with the law.

10. With this observation, this Criminal Petition is allowed' Pending miscellaneous applications' if any, shall stand closed' Sd,. P. CH. NAGA BHUSHAMBA OEPUTY REGISTRAR //TRUE COPY'/ SECTION OFFIGER The Judicial Magistrate of First Class at Cherial The Station House Officer' Cherial Police Station' Siddipet 1 2 3, One CC to Sri S' Surender Reddy' Advocate [OPUC] 4. Two CCs to the Public Prosecuto(' High Court for the State of Telangana at 5. Two CD coPies qr Hyderabad (OUT) HIGH CC}t,RT $ATED:11rc4tZOZs ORDER CRLP.No. ilA1 of 2OZS J o o )- t) Allowing ttrer Criminal petition (r 4 6 2l /a- , 1 tt: S I ( a^ t a l, llJil [6 ,+ I Y ' 't,' I: i ,l <+ '.\ *