The High Court · 2025

State of Telangana, Rep. by its Public Prosecutor High Court of Telangana Hyderabad. 2 Penumala Venkatesh, S/o Late Seshaiah, Aged 35, Occ.Pvt Employee, R/o H.No. 4-6-127, Plot No.59 West Sai Nagar Allwyn Cotony, Kukatpatiy Hyderabad, Telangana. ...RESPONDENTS/DE-FACTO COMPLAINANT Petition under Section 528 of BNSS praying that in the circumstances stated in the lvlemorandum of Grounds of Criminal Petition, the High Court may be pleased to quash FIR No. 822 of 2025 on the file of Madhapur police Station, Cyberabad, as it is an abuse of the process of law and lacks any primafacie evrdence against the Petitaoners. The Petitioners further pray for such other orders as this Honourable Court may deem fit and proper in the circumstances of the case, to meet the ends of justice. l.A. NO: 1 OF 2025 Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Crimlnal Petition,the High Court may be pleased to stay all further proceedings against the Petitioner/Accused No.1 an d 2 in Cr. No 822 of 2025 on the file of the Madhapur Police Station, Cyberabad_ l.A. NO:2OF 2O2s Between.

1. Chintalapani (avitha Reddy, Wo Surendhar Red( v Aged 66 years, Occ.House w'e, R/o H No.101. Serlin Court-1, Road iro.9,-Kakatiya Hills, Serilingampallv Hyderabad Telangana. 2 Chintalapani Akhila Reddy, D/o Surendhar Reddy ,r,9ed 3g years, Occ. House wife Ri o Flat No 305. Vamshi Residency Ne w Block yousufguda Check Post Hvderabad. Telangana. . PETtTtONERS/i,CCUSED No 1 & 2 Hydera bad AND 1. State of Telangana Rep by its public prosecutor High Co.rrl of Telangana 2. Penumala Venkatesh, S/o Late Seshaiah, Aged 35, Occ pvt Ernployee, R/o H.No. 4-6-127. Ptot No 59 West Sai Nagar AIIwyn Coton,, Kukatpally Hyderabad'Telangana RESpoNDENTS/DE-FAl.roco[/pLATNANT Petition under section 528 of BNSS praying that rr the circumstances stated in the Memorandum of Grounds of criminal petition tl- e High court may be pleased it rs therefore prayed that this Honbre court n ay oL preased to extend the interim orders in crr p No 9011 of 2025 and to pilss such other order or orders as this l-lonbre court may deem fit and proper in :ht: circumstances of the case This Petition coming on for hearing upon perusing ih,l Memorandum of Grounds of Criminai Petition and upon hearing the argurrents of Sri N.V. sumanth, learned counsel representing lvl/s INDUS LAW FlFlt!,1, Advocate for the Petitroner and Ms. sharini Saxena, the rearned Asst. pubric F)rlsecutor on beharf ofthe Respondent Nc. 1 and none appeared for the Respondert No.2. The Court made the following: ORDER Try ( I I i a i ! I i THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.9011 of 2025 ORDER: This criminal petition is filed seeking to quash the proceedings against the petitioners in Crime No.B22 ot 2025 on the file of the Madhapur Police Station, Cyberabad District, registered for the offences under Sections 329(3), 324(4), 118(1), 352 351(2) read with 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short 'BNS') and Sectioir 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (for short 'SC & SI Act')

2. Heard Mr. N.V. Sumanth, learned counsel representing M/s. lndus Law Firm, learned counsel on record foi the petitioners and Ms.Shalini Saxena, learned Assistant Public Prosecutor for the respondent No.'1.State.

3. The learned counsel for the petitioners has submitted that there are a case and counter case between both the parties and civil disputes are pending between them. The petitioners have filed O.S. No.11 of 2024 before the Civil Court and they have an injunction or{er in their favour. Subsequently, the present conrplaint is lodged ) ETD,J Crl.P. No.9O11 ot 2025 .:j:,; just to harass the petitioners and to setile the civ I matter. Therefore, he prayed to quash the proceedings against the p,etitioners. 4 Learned Assistant Public prosecutor har; subtitted that the section of law is artered to that of 109 of Brrrs and that the allegations are of serious nature and hence, prayed to dismiss the petition

5. Perused the record

6. lt is borne out by the record that O.S. l.lo.11 of 2024 was filed by the petitioner No.2 arong with rA. No i5ri of 2024, wherein they were granted ad-interirn injunction in their favour against G. l\/ahender, V Madhusudhan Reddy and D. Anil R:ddy. The de facto complainant herein is one penumala Venkatesh lt is alleged that the de facto complainant along with their relatives were celebrating a family gathering in their land, the petitioners alorl; wrth 40 others have come there and brutally attacked their rnen with lethal weapons. The record further discloses that along lvith the complaint, copy of the order of the High photogrzrphs and video clippings, and medlcal reports of the injured \vatchmen were Court, enclosed J ETD,J Crl.P. No.9011 of 2025

7. Earlier, one complaint vide FIR No.962 of 2024 was lodged against the petitioners on 17.07.2025 by one Penumala Naga Ravindra, which was stayed by the High Court. lt is further borne out by record that the petitioner No.'1 lodged a complaint against the de facto complainant vide FIR No.Bl B of 2025 on 1 1 .05.2025. Thus, there are case and counter case pending between both the parties. The present FIR No B22 of 2025 was filed by the de facto complainant against the petitioners herein. The matters arise out of civil disputes and srnce there are serious allegations against the petitioners that they attacked the de facto complainant and his relatives with lethal weapons, one of the cases cannot be quashed by keeping the other pending when there is a case and counter case pending between the parties as per the law laid down in Punit Beriwala v. The State of NCT of Delhi and Ors.l Hence, this Court is of the opinion that it is not a fit case to quash the proceedings, hence the same is liable to be dismissed. B. Accordingly, the Criminal Petition is dismissed r[aors Uve LAd [s, 60l SD/- ED ABDULLAH KHAN ANT REGISTRAR A /iTRUE COPY// SECTION OFFICER To,

1. The Xth Addl. t\/etropolitan lvlagistrate, Cyberabad at Kukatpally.

2. The Station House Offlcer, Madhapur Police Station, Cyberabad ./ t t I i I ) 3 One CC to [,4/S INDUS LAW FtRM Advocate IOpUC] 4. Two CCs to the PUBLIC PROSECUTOR Hrgh Court for .'ro State ot Telangana [OUT] 5 Two CD Copres \ AITM,'AB K Wy HIGH COURT DATED: 1511012025 ORDER CRLP.No.9011 of 2025 & lfii: oR( ::.:.-_-r\ - j ,. ',.. i .' J o O 1 tl5 ro5 * t) _r,' DISMISSING THE CRLP 1 \ I\