The High Court · 2025

1. The State of Telangana,, Through S.H.O, P.S. BHONGIR RURAL, YADADRI BHUVANAGIRI. Rep by its Public Prosecutor, High Court Telangana at Hyderabad

2. Mr. lndurthi Balakrishna,, S/o Nageswara Rao, Aged 38 years, Occupation. Deputy Manager, Protium Finance Ltd., R/o Unit No. 1101, 11th Floor, 719 Tower, Mahatma Gandhi Road, Karbala Maidan, Rani Gunj, Hyderabad - 500 060 ...RESPONOENT/COMPLAINANTS 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 FIR in Crime NO 251 of 2025 registered at Bhongir Rural police Station Yadadri Bhuvanagiri District for the alleged offences punishable under Sections 329 (3) 324(4) and 223 read with Section 3(5) of the Bharatiya Nyaya Sanhita,2023, based on a complaint dated 14.06.2025 lodged by the defacto complainant, which is presently pending on the file of the Hon'ble Principal Judicial First-Class Magistrate at Bhongir. l.A. NO: 1OF 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 stay all further proceedings in FIR in Crime No. 251 ot 2025, registered at Bhongir Rural Police Station, Yadadri Bhuvanagiri District, which is presently pending on the file of the Hon'bb Principal Judicial First-Class Magistrate at Bhongir This Petition coming on for hearing, upon perusing ttr, Memorandum of Grounds of Criminal Petition and upon hearing the : rguments of Sri MOHAMMAD IMTIYAZ PASHA ,Advocate for the Petitioner zrr d Ms. S. ttrtladhavi Assistant Public Prosecutor (TG) on behalf of the Responder . No. 1. and None Appeared for the Respondent No. 2. The Court made the following: ORDER a THE HON'BLE SMT. JUSTICE TIRUMALA DEV! EADA CRIMINAL PETI TION No.10166 oF 2025 -, ORDER: This Criminal Petition is filed by the petitioners_accused Nos.1 and 2 seeking to quash the proceedings against them in Crime No.251 of ZO2S of Bhongir Rural police Station, Rachakonda, registered for the offences under Sections 329(3), 324(4) and 223 read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (tor short, 'BNS').

2. Heard Sri Mohammad lmthiyaz, learned counsel for the petitioners and Ms. S. Madhavi, learned Assistant public Prosecutor for respondent No. 1 -State.

3. Learned counsel for the petitioners submitted that the petitioners have not committed any offence to attract the Sections 329(3), 324(4) and 223 of BNS. He further submitted that the offence under Section 223 of BNS does not attract in the present case and thus, the complaint itself is not maintainable. He further submitted that the police failed to register any care based on the complaint given by the petitioners herein and that the said complaint was closed stating that the dispute was civil in nature. But, the present complaint is registered against the petitioners ,1 ../ 2 ETD,J rl.P.No.10166 of 2025 based on the same set of allegations. Thus, ttr r police are in collusion with the de facto complainant. He furlher submitted that the police have detained the petitioners for six hort s in the police station and thereafter, issued notice under S() Iion 35(3) of BNSS. He, therefore, prayed to quash the proc redings in the present crime against the petitioners herein

4. Leamed Assistant Public Prosecutor subrr itted that the said allegations against the police are false and rrat the police have already issued notice under Section 35(3) o BNSS to the petitioners and that the investigation is still in pr rgress. She, therefore, prayed to dismiss the Criminal Petition

5. Perused the record

6. The contents of the complaint point out that secured term loan of Rs.5,00,00,000/- was sanctioned on a prop"i )tary concern of Sri Mohammad Shahed and his wife i.e., petition: ' Nos.'l and 2 herein and the said facility was secured by an equil; ble mortgage over three immovable properties. Pursuant t: the default commifted by the loanees in paying the monthly ins talments, the ..r loan account was classified as Non-Performing Asset and cqSsequently, proceedings under the Securi sation and 3 ETD,J Crl.P.No.l0l66 of2025 Reconstruction of Financial Assets and Enforcement. of Security lnterest Act, 2002, have been initiated against the petitioners. Subsequently, possession of all the three secured properties was delivered to respondent No.2. During the course of proceedings, the petitioners have approached the Debts Recovery Tribunal (DRT), Hyderabad, and the DRT has passed a conditional interim order granting stay of all further proceedings subject to the petitioners depositing Rs.'l , 10,00,000/- in two specified instalments. lt is alleged that on 01.06.2025, in the evening, the petitioners herein along with their associates forcibly barged into the subject property with the help of some police personnel, threatened the security personnel on duty, broke the locks and attempted to lock the security personnel inside the premises. Thus, the allegations point out prima facie case against the petitioners.

7. Petitioners' counsel contends that the complaint of the petitioners is not registered. ln the said circumstances, there is a procedure to be followed to reach up to the higher officials i.e., by approaching the Superintendent of Police to register the complaint and if he refuses, the petitioners can approach the concerned Court by way of a private complaint, but the said \ t 4 ETD.J irl.P No I0166 )f 2025 contention cannot be a ground to quash the prc< eedings in the present case. The investigation is still in progres; Admittedly, notice under section 3s(3) of BNSS is arread! issued to the petitioners. Hence, it is deemed appropriate to c i ect the police concerned to consider the expranation and the mat riar submitted by the petitioners and conclude the investigati ln stricfly in accordance with law by following the guiderines in r\ nesh Kumar v. State of Biharl. I Accordingly, the Criminal petition is dispose I of with the above directions Ui.99lF!qo.r" petitions pending, if any, sha, :;1 rnd ctosed //TRUE COPYII L.LAKSHMI BABU ,UTY REGISTRAR- SDr- DI: \ \ \S ECTION OFFICER I To, 1 2 3

5. PK/PSI Judiciat First_Ctass Magistrate ar Bhongir, yirr actri Bhuvanagiri I:lir[1.",0", The SHo Bhongir Rurar porice station yadadri Bhuvanagiri )istrict One CC to SRl. MOHAMMAD tMTtyPZpASHA Advocate I )pUCl Two CCs to SRl. pUBLIC PROSECUTOR Advocate [OUT] Two CD Copies ' 1zott1 8 scc 2ll HIGH COURT DATED:1 211112025 CRLP.No.10166 ot 2025 a -z t, 1. /zt',*) !i' T.o\, /z \+ \. . a.:r|:' :- - ( 3R irir o^i, It 6' 31 ii ! .,ttl.)r '\k:f:l , CRIMINAL PETITION DISPOSED OFF I \