High Court · 2025

its Public Prosecutor, High Court at ... RespondenUResPondent

2. Sri.Thokala Shankar, S/o.T.Mallaiah, aged.43 years, Occ- Govt. Official Non- Gazeeted, R/o.Plot No.7, First Floor, Samrat Colony, West Maredpally, Secunderabad, Telangana. ...ResPondenUGomPlainant 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 in Crime No.72 of 2025 dated 2210312025' on ihe file of the P.S., Tirumalgherry, for the offences under Sections 3(1) (r) (s), 3(2Xva) SCST POA Act, and Sections 221,351(3)' R/w 3(5) BNS, in the interest of iustice and equity. l.A. NO: 2OF 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 stay all the proceedings in crime No.72 of 2025 daled 2210312025 on the file of the P.S., Tirumalgherry. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Mr. Srinivasan S Rajan, Advocate for the Petitioners and the Mr. Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Respondent No..1 and None Appeared for the Respondent No.2. Criminal Petition No.6376 of 2 025 Between: Balaji Naidu @ Kondapatti Balaji, S/o Former,R/o.S-2,C-1 28, H.No.6-3-f 63S, Hayatnagar, Rangaredy district. K. Nageswai no, aged. z years,Occ. Sachivalayanagar, Vanstalipuram, ...Petitioner/Accused A-1 AND

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

2. Sri.Thokala Shankar, S/o.T.Mallaiah, aged.43 years, Occ: Govt.Official Non- - Samrai Coiony, West trlaredpally, Gazeeted, Rt/o.Plot No.T,First Floor, Secunderabad, Telangana. ...RespondenUComplainant Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal petition, the High Cou( may be pleased lo quash the proceedings in Crime No.72 of 2025 dated 22-03_2025, on the file of the P.S., Tirumatgherry, for the offences under Sections 3(f ) (r) (s), 3(2)(va) SCST POA Act, and Sections 221, A51(3), R/w 3(5) BNS, in tnb tnterbst of justice and equity. A. NO: 2 OF 2OE Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminal petition, t"re High court may be pleased to stay all the proceedings in Crime No.72 of 2025 dal;d 22-03-2028 on the file of the P.S., Tirumalgherry. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Mr. Srinivasan s Rajan, Advocate for the petitioners and the Mr. Jithender Rao veeramalla, Additional Public Prosecutor on beharf of the Respondent No.1 and None Appeared for the Respondent No.2. The Court made the following: COMMON ORDER THE HONOURABLE SRI JUSTICE N.TT'KARAMJI CRIMINAL PETITION NoS.6375 AND 6376 0F 2025 COMMON ORDER These Criminal Petitions are filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2O23.(for short TINSS, 2023J seeking quashment of the proceedings in Crime No.72 of 2025 of P.S. Trimulgherry, Hyderabad District, against the petitioners-accused Nos. 1 to 3.

2. Since the petitioners in both the petitions are involved in the same crime and the alleged offences are one and the same, both the petitions are heard together and they may be disposed of by way of this common order.

3. The petitioners are arrayed as accused Nos.1 to 3 in Crime No.72 of 2025 registered for the offences punishable under Sections 3(1)(r)(s), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Section s 221, 351(3) r/w 3(5) of Bharatiya Nyaya Sanhitha,2023.

4. Heard Mr.Srinivasan. S Rajal, learned counsel for the petitioners and Mr.Jithender Rao Veeramalla, learned Additional aPublic Prosecutor appearing for the respondent No.1-State. \ 2

5. Learned counsel for the petitioners would submit that though the petitioners are determined to see the process through and the alleged offences are punishable with an imprisonment up to seven years, the Police concerned have not issued any notice under Section 35 (3) of BNSS, 2023, as such, the petitioners are apprehending coercive measures against them. He further submits that the petitioners are ready to cooperate with the investigation, hence prayed for necessar5r directions for issuance of notice as per law.

6. Learned Additional Public Prosecutor submits that the Police concerned are ready to issue notice under Section 35 (3) of BNSS, 2023. 7 . I have perused the materials on record.

8. Having regard to the fact that the alleged offences are punishable with an imprisonment up to seven years and as the petitioners/ accused Nos. 1 to 3 are ready to engage themselves in the process, without going into merits of the matter, the petitioners are directed to appear before the SHO, Trimulgherry Police Station, by 18.05.2025, whereupon, the Investigating It II 3 Officer shall issue notice on the petitioners under Section 35 (3) of BNSS, 2023, in Crime No.72 of 2025 and take up further proceedings as per the guidelines of Arnesh Kumar u. Sto:te of Bihsrt scrupulously. The petitioners may submit their explanation, for consideration in the investigation and in concluding the compliciQr. In unison, petitioners are directed to cooperate with the investigation.

9. With this direction, these Criminal Petitions are disposed of. Pending misceilaneous applications, if any, shall stand closed. //TRUE COPY// t\ SD/. MOHD. ISMAIL DEPUTY REGISTRAR I SECTION OFFICER To,

1. The XXll Additional Chief Judicial Magistrate at Secunderabad. 2. The Station House Officer, Trimulgherry police Station, Hyderabad District. 3. Two CCs to the Public Prosecutor, High Court for the State of Telangana at 4. One CC to Mr. Srinivasan S Rajan, Advocate [OPUCI 5. Two CD Copies Hyderabad. [OUT] kam,/gh HIGH COURT DATED:0210512025 .$) \$ \q o + !,; ,-:- ; I i' COMMON ORDER CRLP.Nos.6375 and 6376 of 2025 DISPOSING OF THE CRIMINAL PETITIONS @ It