The High Court · 2025

stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings in C.C. No. 215412022, on the file of the Court of the ll Additional Junior Civil Judge -cum- ll Additionai Judiciai iviagistrate of First Class at Malkajgiri in the interest of justice. l.A. NO: 'l 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 including appearance of the Petitioners in C.C. No. 215412022, on the file of the Court of the ll Additional Junior Civil Judge- Cum-ll Additional Judicial Magistrate of First Class at Malkajgiri in the interest of justice. l.A. NO: 2 OF 2025 Petition under Section 528 of B.N.S.S. praying that in the circumstances stated in the [Vlemorandum of Grouncls of Criminal Petition, the High Conrt may be pleased ll is therefore prayed that this Court may be pleased to extend the interim ordert; in Crl.P. No.10130 of 2025 and to pass such other order or orders as this Court may deem fit and proper in the circumstances of the case. l.A. NO: 3 OF 2025 Petitior under Section 528 of B.N.S.S. praying that in the circumstances stated in the fVlemorandum of Grounds of Criminal Petition, the High Court may be pleased ii is therefore prayed that this Court may be pleased to extend the interim orders in Crl.P. No.10130 of 2025 and to pass such other order or orders as this Court may deem fit and proper in the circumstances of the case. This F'etition coming on for hearing, upon perusing the Memorandum of Grounds 01' Criminal Petition and upon hearing the arguments of Sri G Prem (umar Reddy, Advocate for the Petitioner and Sri V.Jithender Rao, Addl. Public Prosecutor on behalf of the Respondent No.1 and none appeared for the Resprlndgnt No.2. The Court made the following: ORDER THE HON'BLE SMT. JUSTICE TIRUMALA DEVIEADA CRIMINAL PETITION No.1 01 30 ot 2025 ORDER: This Criminal Petition is filed under Section 528 Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') by the petitioner/accused No.2 seeking to quash the proceedings against him in C.C.No.2154 of 2022 on the file of learned ll Additional Junior Civil Judge-cum-ll Additional Judicial Magishate of First Class at Malkajgiri.

2. Heard Mr.G.Prem Kumar Reddy, learned counsel for petitioner and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent No.1-State.

3. Learned counsel for the petitioner submits that the allegations against accused No.1 are that he took advance sale consideration from the de facto complainant but did not register the land. However, petitioner/accused No.2 is not concerned with the alleged transaction. Even according to the complaint, there are no averments against the petitioner herein. He therefore, prayed to quash the proceedings against the petitioner.

4. ln spite of service of notice, none appeared on behalf of respondent No.2.

5. Learned Additional Public Prosecutor submits that the witness statements do not point to any allegations against the petitioner herein, except for stating that accused No.1 used to make decisions by discus;sing with the petitioner herein.

6. Perrused the record.

7. Tlre allegations under Sections 406 and 420 of the IPC are made al3ainst the petitioner, who is the son of accused No.1. Sections 406 and 420 of IPC are extracted hereunder for the sake of referencg: "Section 406 of IPC: Punishment for criminal breach of trust: ll/hoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. Section 120 of IPC: Cheating and dishonestly inducing delivery of propefty: Woever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any patt of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine."

8. lrr the present case, the only averment made against the petitioner in the complaint and the witness statements is that his parents used to reside with him during the period when the alleged "/ transaction occurred. Thus, there'are no specific allegations that attract the ingredients of the offences under Sgctions 406 and 420 oI the IPC against the Petitioner.

9. Hence, Continuation of proceedings, in these facts and circumstances, would amount to a sheer abuse of the process of lo.Accordingly,Criminalpetitionisallowed,andtheproceedings against the petitioner/accused No.2 in c.c.No.2154 of 2022 on the file of learned ll Additionat Junior civil Judge-cum-ll Additional Judicial Magistrate of First class at Malkajgiri, are hereby quashed' Pending miscellaneous applications, if ?ny' shall stand SD'. N. SRIHARI DEPUTY REGISTRAR closed Note: This Order dated 27.11.2025 made in l.A.No.5 of 2025 in Crl.P.No.10130 of 2025 by Correcting the name of the Petitionerlaccuseci No.2 as "Asaimalar Sri Balaji" in place of "A.Balaji and as son of "Armugam Asaimalar" in place of "A.Srikanth". This amended order copy substitutes The earlier crder dispatched on 16.10.2025 //TRUE COPY/ SD/. N. SRIHARI DEPUTY REGISTRAR SECTION OFFICER To, 1 The ll Additional Junior civil Judge- cum-ll Additional Judicial Magistrate of First Class at Malkajgiri. , a

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5. 6 ,W \ TheX.lXA.clditionallr4etropo|itantr.4agistrate,Cyberabadat$/|alk.aigit,i. ThestatiortHouseOfficer'KushaigudaPoliceStation'Rachakonda' One CC to Sri' G Prem Kumar Reddy' Advocate IOPUC] Two ccs to public prosecutor, High court for the state of Telangana' [oUT] Two CD CoPies YJR /PSL/Pr i I ! / ,:>11,/ HIGH COI.'RT DATED:2210912025 2',7t11t2025 ( IHE S F 'i * c2i'iq2fl2[ z t. f AMENDE]) ORDER CRLP.No.10130 of 2025 CRIMINAL PETITION IS ALLOWED.

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