The High Court · 2025

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

2. Gadda Yadaiah, S/o. Veeraiah, aged about. 59 years, Rio. Ir/uthangi Village, Patancheru Mandal, SangareddyDistrict, Telanlana State. ...Respondents Petition under Section 528 of B.N.S.S. praying that in the circumstances stated in the Memorandum of Grounds of Criminal petition, the High Court may be pleased toto Quash the Charge Sheet in SC/ST. No. S0 o,t 2020 on the file of the Court of the Special Sessions Judge for Triat of Cases Under SCiST (pOA) - cum- Vth Addl. District Judge at Sangareddy. l.A. NO: 2 OF 2025 Petition under Section 528 of B.N.S.S. praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings in Charge Sheet in SC/ST No. 50 of 2020 on the file of the Court of the Special Sessions Judge for Trial of Cases Under SC/ST (POA)- cum-Vth Addl. District Judge at Sangareddy, pending disposal of the Quash Petition. v This Petition coming on for hearing, upon perusing the J\4emorandum of Grounds of criminal Petition and upon hearing the arguments of Sri Thakur Poornima, Advocate for the Petitioner and Sri V Jithender Rao' Additional Public Prosecutor on behalf of the Respondent No 1 and none appeared for the ResPondent No 2. The Court made the following: ORDER I I ,i 'I I ' *5lre!t'"*, :*X /' ' '.. :, ::' ). - THE HON'BLE SMT.JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.9632 ot 2025 ORDER:- 1. This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 seeking to quash the charge sheet against the petitioners/accused Nos.1 & 2 in SC/ST.No.S0 of 2020, on the file of the learned Special Sessions Judge for Trial of Cases under SCs/STs (POA)-cum-V Additional District Judge at Sangareddy, registered for the offences punishable under Sections 3(i), (1), (z.b) of The Scheduled Castes and the Scheduled Tribes (Prevention Of Atrocities) Act, 1989, (for short 'SC/STs POAAct') and Section 447 of lndian Penal Code, 1860 (for short'lPC'). 2- Heard lVls. Thakur Poornima, learned counsel for the petitioners/accused Nos. 1 & 2 as well as Sri Jitender Rao Veeramalla, the learned Additional Public Prosecutor appearing for the respondent No.1-State.

3. Learned counsel for the petitioners has submitted that the petitioner No.2 is an environmental activist and that in the year 2019, a complaint was made by the tvlanage(Engg), Ph - I & ll, Pipe line section, SD-|, O & M Division No.8, Patancheru to the lnspector of .J..,, 2 EfD,J Police, Patancheru Police Station, Sangareddy District' alleging that the defacto complainant herein and his family were erecting illegal strctures nearby the pipeline at Muthangi Village and that the offlcials have several times instructed them and tried to stop the work, but they are going on with their activities, hence it was complained' Bearing grudge against the petitioners herein, the defacto complainant has lodged this false complaint alleging that the petitioners entertained an evil intention of using their plot and that they were interfering with the possession of the defacto complainant' She submitted that the allegations are utterly false and that the petitioners are law abiding citizens and that they have never committed any alleged acts.

4. The learned Additional Public Prosecutor has submitted that the statements of LWsl & 2 further reveal the allegations against the petitioners herein under Section 447 and Sections 3 & 4 of SCs/STs Act and therefore prayed to dismiss the petition.

5. Perused the record. The record reveals that there are proceedings of Deputy General Manager, HMWSSB which were obtained under RTI by the petitioners which shows that Gadda Yadaiah, who is the defacto complainant herein has been identifled for encroaching near to PH phase-l pipeline at lsnapur area. Further, J the complaint and the statements of the witnesses point out the allegations under Sections 3(i), (1), (z.b) SC/STS pOA Act and Section 447 of rPC. Though learned counser for the petitioners contended that pursuant to the action taken by the HMWSSB ofiicials, the present false compraint has been rodged by the defacto complainant, truth or farsity of the ailegations are subject matter of trial. This court is not incrined to interfere with the judiciar process.

6. Hence, the Criminal petition is disposed of drrecting the learned rrial court to dispose of SC/sr.No.5 0 ot 2020 at the earriest. However, the presence of the petitioners/accused Nos.1 & 2 is dispensed with before the Triar court provided that the petitioners are represented through an Advocate on every date of hearing and that they shall be present before the Triar court whenever they are specifically required during the course of trial. ?. Miscellaneous petitions pending, if any, shall stand closed SD/. P.PONNA KRISHNA S TANT REGISTRAR //TRUE COPYII ECTION OFFICER To, Addl. District Judge at San"gareOOy. - l The speciar sessions Judge for Triar of cases Under sc/sr (poA)- cum-Vth 2 The station House officer, patancheru porice station, sangareddy District. 3. One CC to Sri. Thakur poornima, Advocate tOpUCl 4. Two CCs to public prosecutor, l-ligh Court for the State of Telangana. [OUT] 5. Two CD Copies YIR /PSL qk HIGH COURT DATED:1 1t09t2O2S I ORDER ,a-' ,:ii''"" \ .}, CRLP.No.9632 ot 20ZS I 0 B 0[- 2025 \.,1 i ..'\. :,/ i I I I i I I i DISPOSING OF THE CRIMINAL PETITION. flA 1 '>t-