The High Court · 2025
Case Details
Acts & Sections
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 FIR No.79/2025 u/s 109,352,115(2), rlw 3(5) BNS (P.S.ABIDS) (on the fite of the court of the I Additional Chief Judicial Magistrate at Nampally, Hyderabad. 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 grant Stay of all further proceedings in proceedings against the petitioner in FIR No.7912025 U/s 420,506, rtw 34 IPC (P.S. ABIDS) (on the fite of court of ll Additional Chief Judicial Magistrate at Nampally, Hyderabad) as the pending disposal of the above Criminal petition. CRIMINAL PETITION Nos: 6813 OF 2025 Between: Mohammed Suleman, S/o Mohammed Shareef, Age.2.yrs, Occ. student, R/o H. No. 11-1-262, Dhobigalli, Aghapora, Hyderabad, Telerngana 500001 ...Petitioner/Accused No.5 AND '1 . The State of Telangana, rep.by its Public Prosecutor, Hrgh Court of Telangana At Hyderabad..
2. Saif Baig, S/o Kousar Baig aged 25years, Occ. Student R/o H.No.3-05-111, Karkhana, Tirumalgiri, [Vlanovikasnagar, Secunderabad Hyderabad ...ResrrondenUcomplainant Petition under Section 528 of BNSS praying that n the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings against the Petition,:r in FIR No.79/2025 U/s.'109,352,11512), rlw 3(5) BNS IP S ABIDS) (on the fil,: of in the court of ll Additional Chief .ludicial Magistrate at Nampally, Hyderabad l.A. NO: 1OF 2025 Petition under Section 528 of BNSS praying that n 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 prcceedings against the petitioner in FIR No.7912025 U/s 420,506, riw 34 IPC (P S ABIDS) (on the file of court of ll Additional Chief Judicial Magistrate at Nampall,r, Hyderabad) as the pending disposal of the above Criminal petition. CRIMINAL PETITION Nos: 8354 OF 2025 Between: Salman, S/o Mohd Younus, Age- 14 yrs Occ- Student (BBA) R/o H.No.1B-B- 14115, Near Water Tank, Santosh Nagar, Hyderabad ...Petitioner/Accused No.6 AND
1. The State of Telangana, rep.by its Public Prosecutor, Hr1;h Court of Telangana At Hyderabad
2. Saif Baig, S/o Kousar Baig aged 2Syears, Occ- Student R/o H.No. 3-05-1 1 1, Karkhana, Tirumalgiri, Manovikasnagar, Secunderabad Hyderabad ..RestrrondenUComplainant 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 FIR No. 79l2O2S U/s 109,352,115(2), rlw 3(5) BNS (P.S. ABIDS) (on the fite of in the court of I Additional Chief Judicial Magistrate At Nampally, Hyderabad. l.A. NO: 2 OF 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 grant Stay of all further proceedings in proceedingi against the petitioner in FIR No. 7912025 FIR No.79l2025 U/s 420,506, rtw 34 IPC (P.S. ABIDS) (on the file of court of ll Additional Chief Judicial Magistrate at Nampally, Hyderabad) as the pending disposal of the above Criminal petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri MD Fasiuddin, Advocate for the Petitioners in all CRLPs and the Sri Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Respondent No.'l in all CRLPs and none appeared for the Respondent No.2 in all CRLPs. The Court made the following: COMMON ORDER THE HONOURABLE SRIJUSTICE N. TUKt\RAMJI CRIMINAL PETITION Nos.681 2 6813 and 831i4 of 2025 COMMON ORDER: These petitions are filed under Section 528 of tlharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'the BNSS') seekirg quashment of the proceedings in Crime No.79 of 2025 of PS Atrids, against the petitioners/accused Nos.5 to 7
2. I have heard Mr.Mohd.Fasiuddin, learned counr;el for petitioners and Mr.Jithender Rao Veeramalla, learned A iditional Public Prosecutor appearing for the respondent No.1-State
3. The petitioners are arrayed as accused Nos. r to 7 in Crime No.79 of 2025 for the offences under Sections '109, 352 and 115(2) r/w. 3 (5) of the Bharatiya Nyaya Sanhita, 2023 (tor sh,>rt, 'the BNS'). I I
4. Having regard to the fact that the case against the prime accused i.e., accused No.1 was quashed on the basi:; of a settlement with the de facto complainant (Respondent No.1 ), and taking into account the contents of the police report, which alle,le that accused No.1 stabbed the de facto complainant in the presence of the petitioners (Accused Nos.5 to 7), but contain no d rect allegations against the petitioners themselves and considering that the de facto complainant, through his counsel, has categorically stated that the .matter has been amicably settled and that he does not wish to pursue ik, t 2 the prosecution further, this court is of the considered view that continuation of proceedings against the petitioners is unlikely to serve any useful purpose.
5. For the aforesaid and in light of the principle of parity, and in the absence of any independent allegations against the petitioners, quashing the proceedings against Accused Nos.S to 7 in Crime No.79 ot 2025 of P.S. Abids is found to be appropriate and justifiable.
6. Accordingly, Criminal Petition Nos.6B12, 6813 and B3S4 of 2025 are allowed. The proceedings against the petitioners/accused Nos.5 to 7 in Crime No.79 of 2025 of PS Abids, are hereby quashed Miscellaneous petitions, pending if any, shall stand closed. \ SD/. AHMED ABDULLA KHAN ISTANT REGISTRAR A To, SECTION OFFICER //TRUE COPY// l|o""?"tot l",lhePublic .J-ydiciat.Magjltrae at Nampaily, Hyderabad. P'osecutoi, il';fi d;;;'i", the stare of reransana at
1. The lt Addtinat Chief 2. The Station House officer, aoios"iotllttaiil,il nyo",aoao. t 4 One CC to 'Sri 5. Two CD Copies NVB/psL lr- Mb.Fasiuddin, Advocate tOpUCl HIGH COURT DATED:0910712025 ,2.'. -:.- ,:. ) \ ,15 llEP ,ilffi Dr. . -. ... COMMON ORDER CRLP.Nos.6812, 6813 and 8354 ol 2025 ALLOWING THE ALL GRLPs f,+- q 1 \