The High Court · 2025

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed thefe:rylth,lhe -High Court may be pleased to issue a Writ, order or direction more Oartlcularly one in the nature of Writ of IyIANDAMUS, seeking to Quash the,- Charge Sheets filed by the Respondents 2 and 3 herein on the file of the Principal Judicial First Class Magistrate Yellandu, Bhadradri Kothagudem District, basing upon multiple First herein viz. (1) lnformation Reports (FlRs) registered against C.C.No.30O ot 2021 in Crime No.205/2020,.dated-1 q:'tO.ziZO, under Section '':-*lril*' 294(b),506(2)r rtw 34 IPC and Section 156(3) Criminal Procedure Code, (2) C.C.No.21 6 of 2022 in Crime No.65/2021, dated 15.03.2021, under Section 2g4(b),323, 5r)O rlw 34lPC, (3) C.C.No.361 of 2022 in Crime No.14212021, dated 23.06.2021, urtder Section 294(b),323, 506 rlw 34lPC and (4) C.C.No.16 of 2022 in Crime No.0:l/2022, dated 02.O1.2022, under Section 452, 324, 506 r/w 34 lPC, al! the FlRs registered on the file of the Yellandu Police Station, Bhadradri Kothagudem r)istrict, on the alleged cdmplaints given by the 4th Respondent herein, thougl'r a suit is pending i.e. OSNo.9 of 2021 (i.e. filed on 30.09.2020), on the file of the Principal Junior Civil Judge, Yellandu filed by the 4th Respondent ' herein and 3 others against the 1st Petitioner herein as illegal, arbitrary and violative of Arl.icle 14, 19 and 21 of Constitution of lndia. lA NO: 1 OF 2:023 Petitiorr underSection 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to Stay all further proceedings pursuant to the Charge Sheets filed by the Respondents 2 and 3 herein on the file of the Principal Judicial First Class Magistrate, Yellandu, Bhadradri Kothagudem District, basing upon multiple First Information Reports (FtRs) registr:red against the Petitioners herein viz. (1) C.C.No.300 of 2021 in Crime No.20lil2020, dated 14.10.2020, under Section 294(b),506(2) r/w 34 IPC and Section 156(3) Criminal Procedure Code, (2) C.C.No.216 of 2022 in Crime No.65/2021, dated 15.03.2021, under Section 294(b), 323, 5OO rlw 34 lPC, (3) C.C.No.361 cf 2022 in Crime No.14212021, dated 23.06.2021, under Section 2g4(b),323, 506 rtw 34 IPC and (4) C.C.No.16 of 2022 in Crime No.03/2022, dated 02.01.2022, under Section 452, 324, 506 r/w 34 lPC, pending disposat of the above Writ Petition. Counsel for the Petitioners: SRI KONDAPARTHI SRINIVASA Counselfor the Respondent Nos.1 to 3: SRI B. SRIDHAR, AGP FOR HOME Counsel for the Respondent No.4: SRI M. DURGAIAH(NOT PRESENT) The Court mr?d€ the following: ORDER i i 1 : i : i I l I I I I t I I ! i1 !i I . I I I I I i I \ THE HONOURABLE SRI JT'STICE J. SREENTIrAS RAO WRIT PETITION No. L2759 of 2or23 ORDER: This writ Petition has been filed by the petitioners/accused seeking to quash the proceedings in (1) c.c.No.3Oo of 2021 in crime No.205 ot 2O2O (2) C.C.No. 216 of 2022 in Crime No.65 ot 2O2L (31 C.C.No.36l of 2022 in Crime No.142 of 2021 ani (4) C.C.No.16 of 2022 in crime No.3 of 2022 of Yellandu Police Station, Bhadradri Kothagudem District, pending on the files of the Principal Junior Civil Judge-cum-Judicial Magistrate of First Class, Yellandu.

2. Heard Mr. Kondaparthi Srinivasa, learned counsel for the petitioners, and Mr. ts. Sridhar, learned Assistant Government Pleader for Home ,pp"".iig for respondent Nos.1 to 3. No representation on behalf of respondent No.4. ",

3. Learned Assistant Government Pleader submitted that the petitioners are not entitled to seek quashing of the proceedings in C.C.Nos.300 of 2021. 216 of 2022, C.C.No.36l of 2022 and c.c.No.16 of 2022 on the liles of the Principal Junior civil Judge- cum-Judicial Magistrate of First class, Yellandu, invoking the powers conferred under Article 226 of the constitution of India, as per the judgment of the l-lon'ble Apex court in Petition for Special Leave to Appeal (crl.) No.13424 of 2025 between eaninya Pranjal Kulkarni f ( I ! i I 1 2 v. State' of Maharashtra and another. Hence, the writ petition is liable to be dismissed /i'.. [x:arned counsel for the petitioners submits that the petitioners may be granted liberty to avail the remedies as available under section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'the BNSS) or 482 of the code of criminal Procedure, 1973 (for short, 'the Cr.P.C.)

5. [rL view of the sutrrnission made by learned counsel for the petitioners, without expressing any vierv on merits of the case, the petitioners are granted liberty to avail thc remedies as available under S,ection 528 of the BNSS or 4.82 of the Cr.p.C. 6- urith the above direction, the writ petition is disposed of. No order al; to costs. Ivliscellaneous applications, pending if any, shall stand closed //TRUE COPY// SD/- T. SRINIVASA REDDY ASSISTANT REGISTRAR 6 SECTION OFFICER The Pdncipal Secretary, The State of Telangana, Home Department, Secretariat B uildings, Hyderabad. To, 1 t t

2. The lnspector of Police, Yellandu Police Station, Yellandu, Bhadradri Kothalyudem District. :

3. The St.tb-lnspector of Police, Yellandu Police Station, Yellandu, Bhadradri Kothalludem District.

4. One C;C to Sri Kondaparthi Srinivasa, Advocate [OPUC] 5. Two C;Cs to GP for Home, High Court for the State of Telangana, at Hyderabad [OUTI

6. One C;C to Sri M. Gurgaiah, Advocate[OPUC] 7. Two C;D Copies TJ GJP €l<. HIGH COURT DATED i2310912025 ORDER WP.No.1:2759 of 2023 { u h; sI4 ( .J ?9 JAilM t * DISPOSIII{G OF THE WRIT PETITION wlTHouT cosTs#+,*i. j.-&, a;ta S +-.i.ri!,!r{,y-.f _. 6tc @ 1t +tr' r'-: j I i I I I ' t:.': .,