The High Court · 2025

1. The State of Telangana, Rep. by its Public Prosecutor, High Court for the State of Telangana, High Court Buildings, Hyderabad, through SHO, Malkajgiri P.S., ...Respondent No.1

2. Kontu Srinivas, S/o. Kanakaiah, Aged 42 years, [\Iedari, Occ. Agriculture, R/o Nallagonda Village, Thimmapur Mandal, Karimnagar District. ...Respondent No.2/De-facto Complainant 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 quash the proceedings against Petitioners in CC.No.84 of 2023 on the file of Special Judicial Magistrate of First Class (Excise) at Karimnagar, Karimnagar District. l.A. NO: 1 OF 2023 Petition under Section 482 ot 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, including the appearance of the Petitioners in CC.No.84 of 2023 on the file of Special Judicial Magistrate of First r-.".:,::nii. Giry 7 Class (Excise) at Karimnagar, Karimnagar District, pending disposal of the above criminal petition. 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 receive the additional documents 1) Copy tvledical case sheet of the Telangana Vaidya Vidhana Parishad, District Hospital, Karimnagr along with letter requesting hospital Authority to issue il/ledical case sheet dated '1 9.04.2023, 2) Coy of Duty Roster for the Month of September,2022, Districts HQRS Hospital, Karimnagar along with RTI letter Dated 30.09.2023 and 3) Copy of lnformation letter issued by the LMD Colony Police Station under RTI Along with translation dated 21.05.2025 as Additional Matrial Papers in the Criminal Petition No.5220 of2023 This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Narsimulu Neeli, Advocate representing Sri Nageshwar Rao Pujari, Advocate for the Petitioners and the Sri Nil.Vivekananda Reddy, Assistant Public Prosecutor on behalf of the Respondent No.'1 and none appeared for the Respondent No.2- The Court made the following: ORDER HON'BLE SRI JUSTICE J. SR.EENIVAS RAO CRIMINAL PETITION No. 522O of2O23 ORDER: This Criminal Petition has been filed under Section 482 of the Code of Crirninal Procedure, L9Z3 (for short, 'Cr.P.C.) by the petitioners/ accr.rsed Nos.1 to.- 4, seeking to quash the proceedings in C.C.No.B4 of 2023 on the hle of the Special Judicial Magistrate of First Class (Excise) at Karimnagar, Karimnagar District, for the offences punishable under Sections +44,29O, 323, 324,326 ana 506 r/w 34 of the Indian Penal Code, 1860.

2. The case of prosecution in brief is that on

15.1O.2022 at 9-OO hor-rrs the de facto cornplainant/ LW- 1 gave complaint to the police stating that on

27.O9.2022 at 9:OO a.m., while he, his parents, wife, son, and daughter were in the house, his rnaternal aunt, Kontu Rajawa, along with her two sons, namely, Krishna and Srinivas, and another person, forcibly trespassed into their house arrned with iron 2 rods and sticks. They abused his family, and first, Kontu Krishna beat his mother on the head with his hands. Then, Kontu Srinivas dragged his father or-rt of the house, beat him indiscrirninately with his hands, and witkr the intention of killing hirn, lifted and felled hirn. On hearing the cries of his parents, he came out of the house, and Krishna, Srinivas, and the other person beat hirn indiscriminately with iron rods and sticks with the intention of killing hirn. They dragged hirn into a nearby bathroorn, where Krishna and Srinivas beat hirn with iron rods on his 1egs, hands, and back, causing injuries to the toes of his right leg, as well as his head and back. On hearing their cries, neigkrbours arrived and prevented further assault. He further stated that the police then sent thern to the hospital, where they were adrnitted as inpatients and discharged on 30.O9.2O22. On Ol.tO.2022, as he felt severe pain in his right leg, he went to the Government Hospital, Karimnagar. Since the doctor was not available that day, he again went to the hospital on

06.10.2022, where it was detected tLrat

1. 3 his right leg was severely injured and he was advised bed rest for 15 days. Hence he requested to take necessary action.

3. Heard Mr. Narsimulu Neeli, learned counsel, representing Mr. Nageshwar Rao Pujari, learned counsel for the petitioners and Mr.M.Vivekananda Reddy, learned Assistant Public Prosecutor appearing lor respondent No. l-State. In spite of service of notice, respondent No.2 has not chosen to enter appearance

4. Learned cottnsel for the petitioners submitted that the petitioners have not committed any offence and there are civil disputes pending between thern and respondent No.2/ de facto complainant. To resolve the said land dispr.rtes, respondent No.2 falsely irnplicated the petitioners for ttre alleged offences and therefore, the ingredients of Sections 44a,29O,323,324,326 and 506 r/w 34 are not attracted against them. Respondent No.2 and others have sustained only simple injuries and ttre 4 petitioners also sustained injuries in the hands of respondent No.2. Hence, the continuation of the proceedings against the petitioners is a clear abuse of process of law.

5. Per contra, learned Assistant public prosecutor subrnitted that in the hands of the petitioners, respondent No.2 has sustained grievous injuries. The petitioners fiIed the injury certificate of respondent No.2 issued by the Medical officer as a rnaterial document, wherein it was clearly mentioned that respondent No.2 has sustained. grievor_rs injuries. The grounds raised by the learned counsel for the petitioners have to be adjudicated during the course of trial. Hence, there are no grounds to qr-rash the proceedings against the petitioners.

6. Having considered the subrnissions made by the respective parties and after perusal of the rnaterial available on record, it reveals that respondent No.2 lodged the complaint on I4.1,O.2O22. In the said complaint, he specifically mentioned that in the 5 hands of the petitioners, respondent No.2 and others have sustained grievous injuries. The Investigating Officer after conducting investigation, recording the staternents of witnesses i.e. LWs.1 to 11, filed charge sheet, wherein the. role of each petitioner was specifrcally rnentioned. The medical report issued by the Civil Assistant Surgeon, District Headquarters Hospital, Karimnagar, shows that respondent No'2 has sustained grievous injuries. The grounds raised by the petitioners have to be decided after full-fledged trial only but not by way of this petition'

7. For the foregoing reasons, this Court does not find any grounds to quash the proceedings against the petitioners in C.C.No.B4 of 2023 on the frle of the Special Judicial Magistrate of First Class (Excise) at Karirnnagar, while exercising the powers conferred under Section 482 of Cr.P.C.

8. Accordingly, the crirninal petition 1S disrnissed. However, the appearance of the petitioners/accused Nos.l to 4 in C.C.No.84 of 2023 on the file of tLre 1 I 6 : Special Judicial Magistrate of First Class (Excise) at Karirnnagar, is dispensed with, unless their presence is specifically required during the course of trial, subject to condition that the petitioners being represented by their counsel on each and every a.djourrnment. In case of non-appearance of the petitioners on the specific dates so fixed by the trial Court for their appearance, the trial Court is entitled to proceed with the matter in accordance with law. i I Pending miscellaneous applications, if any, shall stand closed. SD/. A.H.S.GOWRI SHAN KAR GISTRAR A S 'u' //TRUE COPYII OFFICER To, l The speciar Judiciar 2. The Station House officei, Lrr,rb c"ro',i,) Fii.,'",5t"tion, Karimnaoai District Prosecutoi,-Hisi bir",t rJ. the state of re-tansana ai ' Iy3"?rt;l",thePublic 4. One CC to Sri Na'oeshwar Rao pujari Advocate [OPUC] 5. Two CD Copies - .IMagistrate of First crass (Excise) at Karimnaoar NYB b,/ HIGH COURT DATED:25 t0Bt2O2S ORDER CRLP.No.5220 of 2OZ3 .'J t ) t,l () " r ii-0 [tl " l: t'-i 6-l .L * DISMISSING THE CRIMINAL PETITION t i I I I I I I I I : : ' I I I ' : 1 t i : i