The High Court · 2025

'Hi;'rJgii"il.[,H3{i,%3,ffi?8P3fu &'""i"*fliJ":'*:?Xt#&PB?Jiff i 2.Mr.KundetiRaviChandrababu,S/oKunde^tiRaviChandrababu'agedabout 55 vears occ- B;in;:;-h];.'H:N".- 3-16.7t?22 $i. 223PtGSC-2t1o2, 6iririSilirl# vir-rliJ, orti,l"";rrapui-ri,tanoir, Medchal Malkaisiri District, Telangana ...Petitioners AND

1. The State of Telangana, rep by its Public Prosecutor' High Court of Judicature at HYderabad. .'-ResPondenUComPIainant 2 Mr.cH.VenkateshwaraRao,S/oCH.RamaRaoage!aboutT0years'occ- iiusin;." il;. i-ii.. z ovna, Eraillo. zia. Ace Afla-ntis, Khajaguda, Besides Et;;;ili";i. ct itr"purl iolonv' Hvderabad relanagna' ...RespondenUDe facto Complainant Petition under section 528 of BNSS praying that in the circumstances stated in the Memorandun,''li e -rnO. of Criminal'Peiition, the High Co-urt may be gOl2O25 daled 2410412025 before pleased to quash tn. ptoJ""Uing"-irn y9 - Police'station Uavetiganpuil U"a""t oitt'i"t' for the alleged offences Punishable under Section: 318(4), R/w 3(5) of BNS t.A. NO: 2oF 2025 Petition under Section 482 of Cr'P'C praylng that in the circumstances stated in the Memorandr* oicrorno" of criminal-Petition, the High co_urtmay be ot,tt rr.ft,"t [roceedinss in FIR..NO s6t2o25 dated 24'042025 ;E;; Police Station Havetiganpui, freaat Ois'trict' for th.e alleged offences P-unishable ,.j.is."ii"". 318(4I R/wi(s) or eNS and inctuding the arrest of the Petitioners pending disposal of criminal petition "i;t ; This Petition coming on for hearing, upon perusing the Memoraridum of Grounds of criminar petition and upon hearing the arguments of sri MALLAREDD'GART HARTH,KA, Advocate for the petitioner anJ ii" prUri" Prosecutor (TG) on behalfofthe Respondent. The Court made the foltowing: ORDER THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL CRIMINAL PETTTION N o.7729 of 2025 ORDER: The present criminal petition is frled under'Section 528 ol BNSS, seeking to quash the proceedings in FIR No'96 of 2025' dated. 24.04.2O25 on the Iile of the Police Station Haveliganpur' Medak District, registered for the offences punishable under Section 318(4), r/w 3(5) of BNS' The petitioners herein are the accused Nos l and 2 and 2. respondent No.2 herein is the complainant before the trial Court' For the sake of convenience hereinafter parties are referred to as accused Nos. 1 and 2 and th.e complainant' The brief facts of the case are that, on 24 04 '2025 at 14:OO 3. hours, the complainant went to the Haveliganpur police station and lodged a complainant stating that the developers of M / s Green Space properties i.e., accused Nos'1 and 2 approached him and explained a proposed real estate project by Green Space Properties in Sy.No.2O(partl, 21, 26, 27 arrd 29, situated in Aurangabad village, covering an extent of Acs 5'14'4 guntas' situated at Haveli Ghanpur Mandal, Medak District' After negotiations and based on the promises made by the developers' 2 the complainant transferred a total amount of Rs.2,35,0O,00O/ - through his Punjab National Bank account No.5264209 OO44glO and Union Bank of India account No.24431O 10003g6g4, both located in Hyderabad. The developers had.agreed and executed MOU, dated 2O.1O.2O22, to transfer 9,OOO sq.yards of land to the complainant as per their brochure by 31.O5.2O23. However, they only transferred 4,576.73 sq.yprds of raw land out of 9,0OO sq.yards, which was suitable for development or layout purposes. The remainin g 4,423.27 sq.yards were not transfcrred, thereby causing financial loss to the complainant. The complainant alleges that he has been cheated and requests that necessary legal action be taken against the developers of M/s. Green Space Properties.

4. Basing on the contents of above complaint, Inspector of Police, Haveliganpur, Medak District, registered a case in Crime ,t No.96 of 2O25, under Sections 318(4), r/w 3(5) of BNS.

5. Heard learned counsel appearing for petitioners/ accused Nos.l and 2 and learned Assistant public Prosecutor appearing for the respondent-State. perused the record. ) Learned counsel appearing for the petitioners would submit 6. that without any substantive material on record' the petitioners are falsely and maliciously implicated in the said crime' The complainant instead of seeking appropriate remedy before a Civil Court for enforcement of contractual terms has chosen to initiate vexatious criminal proceedings with an intent to harass the petitioners. He further submits that invocation of Section 3(5) of theBNSiswholiyunwarranted',asthereisnopimafacienrraterial to support the ailegations or conspiracy and the continuation of criminal proceedings based on the FIR amounts to an abuse of process of law' Hence' seeks to allow this criminal petition by quashing the proceedings in FIR No'96 of 2025' learned Assistant Public Prosecutor 7. Per contra, the vehemently contended that the crime is at the investigation stage andtheoffenceslevelledagainstthepetitionersareunderTyears of imprisonment and the respondent-Police are in the process of conducting investigation and the truth or otherwise would be revea,led only after full-fledged trial' Therefore' he prays this Court to dismiss the present criminal petition' 4 t-\

8. On perusal of therecord, since the punishment prescribed for the offences alleged against the petitioners are upto seven (O7) years, this Court deems it appropriate to direct the petitioners to appear before the Investigating Officer in FyR No.96 of 2O25, dated 24.O4.2025 on the file sf the police Station Haveliganpur, Medak District. The Investigating Officer is directed to foliow the procedure laid down under Section 3S(3) of BNSS (previously, Section 41_A of Cr.p.C.) and also the guidelines formulated by the Hon,ble Supreme Court in Arnesh Kumq.r a. State of BihaTt scrupulously. However, petitioners shall submit their defense and co_operate with the Investigating Officer as and when required by furnishing information and produce all documents/material relevant required for the purpose of the investigation. The Investigating Officer shall consider the same and file appropriate report before the learned Magistrate concerned, as expeditiously as possible, preferably within a period of three (3) months from today. It is made clear that the respondent_police shall not take any coercive steps against the pefitioners in the Any deviation, in this regard, shall be name of investigation. viewed seriously. ' lzot+1 s scc ztl ' a : r ,, 5 9 Accordingly, the Criminal Petition is disposed of Pending miscellaneous appiications' if any' shall stand closed. SD/- A.V.S. PRASAD DEPUTY REGISTRAR \ To, //TRUE COPY// SECTION OFFICER

1. The Judicial First Class Magistrate at Medak. 2. The Station House Officer, Haveliganpur Police Station, Medak Dist. 3. One CC to SRI I4ALLAREDDYGARI HARTH|KA, Advocate [OpUCl 4. Two CCs to the Public Prosecutor, High Court for the State df Telarigana at 5. Two CD Copies Hyderabad [OUT] SM/PSL {t HIGH COURT DATED: 26lOGt202S I I 'ao (. l lrL 5 r.q ac. 25 AUE 205 \(. t' ,l O 9 ,*, D (,q f._a ORDER CRLP.No.7729 at zOZs DISPOSING OF THE CRIMTNAL PETITION ?l- zL\s