The High Court · 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 Quash the proceedings against the Petitioner in CC No. 213512023 UiS 420, r/w 34 IPC PS Subedari on the file of the Court of the lll Additional Judicial First Class Magistrate at Hanumakonda. LA. NO:2OF2025 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 grant Stay of all further proceedings in against the petitioner in CC NO.213512023 U/S 420, r/w 34 IPC PS Subedari on the file of the Court of the lll Additional Judicial First Class Magistrate at Hanumakonda, as the pending disposal of the above Criminal Petition. This Petition coming on for hearing, upon perusing the ltlemorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri MD FASIUDDIN, Advocate for the Petitioner and Sri, M VIVEKANANDA Assistant .-. Public Prosecutor, on behalf of the Respondent No. and nor: appeared for the Respondent No.2 The Court made the following: ORDER i:! , THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.6456 of 2025 ORDER: This Criminal Petition is tilcd Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'the BNSS) seeking to quash thc procecdings against the pe ti tioner/ accused No.2 in C.C.No.2l35 of 2023 on the file ol the learned III Additional Judicizrl First Cl:rss Magistrate at Hanumakcnda, registered for thc olfence punishable under Section 42O read with Section 34 of the lndian Penal Code, t86O (for short, 'IPC)

2. The brief facts of the case are that the de facto complainant lodged a report on 04 .O7 .2023 against the petitioner and other accused stating thal accused No.1 is the husband of the petitioner and they were residing as tenants of her back side house and acquaintance persons, they asked her money for their business for one month. On believing she gave an amount of Rs.3,5O,0O0/- on 18.06.202L. Then they said that if they invested her money at the accused No.3 Vallam Ramesh and will get her money double. After that she asked 2 \ Cr P.No.6456 of 2025 SKS,J \\ accllsed Nos.1 and 2 about her moncy, but trtr ,' dodged the lnatLer

3. Basrng on the said complaint, the Police rr' : ster.etl a case rn Crirne No.377 ol 2023 lor the oflence puli ;hable undcr Section 42O read u.itl-r Section 34 ol IPC ancl rhey fiiecl thc r:hargc sheet. uide C.C.No.2135 of 2023, lt forc the tlt Additional .iudicial First Class Magistrate at [', numakoncla. Aggrievcd t her-cby, the petitioner filed the pr( r ent criminal l)crition to qtrash thc proceeding against her.

4. Heald Sri Mohd. Fasiuddin, learnecl counseI lor l)ctitioner, Sri M. Vivekananda Reddy, learned A,;r istar.rt Public I)r)sccutor, .rppearing for rcspondent No.1-Sr I e. 'lhough notice is scn,ed upon respondent No.2, none alt: --arcd on lterr llcl-ralf.

5. l,carned counsel for thc petitioner subnr l-ed rhaL thc petitioner is rnnocent and has been falsely impl catcd in t he alleged crinre, soiely based on a fabricated complr nt lodgecl by th,e de facto complainant and that the compla.r t lacks any specific datc or time of occurrence, and the FIR .r ls registered ,. 3 SKS,J Crl.P.No.6456 of 2O2S after a detay of over tu'o years, thereby undermining its lt u'as credibility and raising suspicion of rnalicious intent further submitted that the de-Jacto complainant, l-rarboring a personal grudge, colluded r','ith police of[rcials to create falsc documents and harass the petitioner and her husband The petitioner has no connection with the alleged offence, and therc is no evidence or reasonable ground to bclieve that she committed any crime and that a plain reading of the F IR reveals no fraudulent inducement or deception under Section 42O of lPC, and that non-paymen[ alone does not col]stitute the offence of cheating. Therefore, he praycd the Cour-t to quash the proceedings against the petitioner by allou'ing this criminal petition.

6. On the other hand, learned Assistant Public Prosecutor submitted that there exists a prior relationship beLrveen the de- /octo complainant and the accused persons as landlord and tenant. Based on the statement of the Investigating Officer, it is alleged that accused Nos. I to 3 have cheated Lhe de-facto complainant. However, no documentary evidence was collected to substantiate these allegations and prayed the Court to pass appropriate orflers. 4 SI{S,J Cri P.No.6456 of 2O2S '1 In vierv ol the submissions made by borl the learned r:ounscl and u;ron pr:nrsal of the material availa',1 on r-ccord, it is obscn.cri ritirt tht' lrctitioner has been arrar'I as accused No.2 i)ursrr:u)r to zr complaint lodged b1 the de-flcto r:omplainant tlos,ever, the complaint is vag r: and lacks spccificit.y rcgarrling the date and time r,I the allegcd occurrcncc. :rnd the FIR was registered after a r unexplained dclav o[ rnorc than two years, casting serious ]oubt on it s veracity and suggesting possible malice. Furthr:; , therc is no pirna faci.,, nrtrLcri:rl on record indicating arr. fraudulent indnccmt:r.rt or-dishonest intention on the part ol he 1;ctitioner so as to attr:rcl thc ir-rgredients of Section 42O of I? ). B F urtht'r, rr)crc non-paymcnt in a business - ansactron or breacl.r of conlractual obligations cannot, by rts: f, constitute thc o[[cncc oI cl'rcating. Moreover, although all: Sations havc bccn lcvclt,l :tg.rinst accused Nos.l to 3 in tht context of a l:rndlord tcniuti rclationship, the prosecution : is failed to t:ollcct or prociucc an1, documentary evidence tc substantiatc thcse clarnts, as such this Court is of the, ,pinion that continu:rtiort oi' criminal proceedings against thc petitioner is nothing but an abuse of process of law. 5 SKS,J Crl.P.No.5456 of 2025

9. Accordingly, the Criminal Petition is allowed and the against the petitioncr in C.C.No.2135 of 2023 proceedings belore the III Additional Judicial Irirst Class Magistrzrte :rt Hanumakonda, are hereby quashed Miscellaneous applications, if any pending, shall also slzrnd closed SD/. K.BHAVANI SWAMY ASSISTANT REGISTRAR G SECTION OFFICER //TRUE COPY// To, '1 . The lll Additional Judicial First Class Magistrate at Hanumakonda 2. One CC to SRl. MD FASIUDDIN, Advocate [OPUC] 3. Two CCs to PUBLIC PROSECUTOR, High Court for the State of Telangana louTl

4. Two CD Copies MKN/PSL w HIGH COURT DATED:2410712025 ORDER CRLP.No.6456 of 2025 -a///--, ti'.c- /' .r) ii:., "-. i:; iffi i1 0 \ ,:, \.. \:.. , . ALLOWING THE CRIMINAL PETITION x J