The High Court · 2025

lssued FIR Police, Dabeerpura 1 1 . K. Ramesh Goud, Sub-lnspector of Poli Dabeerpura, Hyderabad- LW10 , PS . l.O./filed charge sheet ... Respondents/Complainants Petition under Section 482 of Cr.P .C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petitron, the High Court may be pleased to quash the proceedings against the petitioner in CC100017OG12022 on the file of Honourable Vlll Addl Chief Metropolitan Magistrate At Nampally Hyderabad, FIR No. 1912022 registered in PS Dabeerpura U/s 324 rlw 34 lPC, matter pertains to civil in nature l.A. NO: 2 OF 2023 Petition under Section 482 <tt Cr P C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition the High Court may be pleased to grant Stay of all further proceedings against the petitioners in CC1000170612022 on the file of Honourable Vlll Addl Chief Metropolitan Magistrate At Nampally Hyderabad, FIR No 1912022 registered in PS Dabeerpura Uls 324 r/w 34 lPC, matter pertains to civil in nature. l.A. NO: 1OF 2023 Petition under Section 482 of Cr P C praying that rn the circumstances stated in the Memorandum of Grounds of Crimrnal Petitron, the High Court may be pleased to dispense with filing of Certified Copy of the in CC/000170612O22 on the file of Honourable Vlll Addl Chief Metropolitan Magistrate At Nampally Hyderabad, FIR No 1912022 registered in PS Dabeerpwa Uls 324 r/w 34 lPC, in the interest of iustice. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon' hearing the arguments of Sri Md Fasiuddin, Advocate for the Petitioner and Sri E.Ganesh, Assistant Public Prosecutor on behalf of the Respondent No 1. The Court made the following: ORDER I I I I I ! i : I I I i I , THE HONOURABLE SRI JU TICE E.V. VENUGOPAL CRIMINAL PETITION o.9323 OF 2023 ORDER: The present Crimina_1 Petiti n is hled under Section 482 of Cr.P.C. by petitioner/accused No.l, seeking to quash and the proceeding against the petiti ner in C.C.No.l7O6 of 2022 on the file of learned VIII A itional Chief Metropolitan Magistrate, Nampally, Hyderaba (for short, the trial Court), registered for the offence punish ble under Section 324 rlw 34 of IPC.

2. Heard learned counsel representing petitioner, Mr.E.Galesh, learned Assist nt Pubiic Prosecutor appearing for respondent No.1-S te. Perused the record.

3. The brief facts of the case are that on 20.01.2000 at I7:3O hours accused No.1 d his associates were illegally moving the Electric cabl , which was attached to the apartment of the compl arrt, for which the complainant and his sister obje ted for moving Electric cable as the said cable was very ear to their window, for which the accused No.l grew wil and took an iron road 2 EW,J cRL.P.No.9323-2023 and hit on the head of sister of the complaina-nt, as a result of which, she sustained injury on her head and she was shifted to Osmania Government Hospital for treatment. Basing on the complaint made by the brother of the injured, a case u,as registered in Cr.No.19 of 2022 against A1 and others on the file of Dabeerpura Police Station. After completion of investigation charge sheet was filed and the sarne was taken on hle as C.C.No.l7O6 of 2022 on the file of learned tria-i Court.

4. Learned counsel for the petitioner contended that the complainant lodged complaint at 17:30 hours and as per the medical examination report issued b1' Prathima Hospital, Kachiguda; the time of examination of the injured is 8:15 p.m., and there is a delay in sending the injured to the Hospital for treatment, that itself is sufficient to quash the proceedings against the petitioner. He further contended that the subject matter is purely civil in nature and at the instigation of the de-facto complainant, the police registered a false case against the petitioner and others. He further contended that there is no iota of truth in the complaint and the complaint is liable to be quashed i 1 i I I I l i I i i I 3 EW,J CRL.P.No.9323_2O23 as there are no merits in it. He ce, he seeks indulgence of this Court to quash the Procee gs against the petitioner herein

5. Despite service of notice th re is no representation on beha-lf of respondent No.2.

6. On the other hand, I arned Assistant Public Prosecutor contended that as per the medical examination report, the in ured sustained simPle injuries in the hands of the petitioner herein. He further contended th after completion of investigation, charge sheet was taid against the petitioner/accused and other and the truth cannot be elicited unless and until a full-fledged trial is conducted. Hence, he seeks to dismiss the Criminal Petition.

7. Having regard to the s bmission made by the respective learned counsel, this Court is of the considered view that unless and until a fuIl-fledged trial is conducted the truth not be elicited. t ( \-,*X 4 EW,J CRL.P.No.9323_2023

8. With the above observation, this Criminal Petition is dismissed, needless to mention that the petitioner is at liberty to workout remedies that are available in accordance with iaw. Pending miscellaneous applications, if any, shall stand closed. ,/TRUE COPY,/ SD/. K. BHAV ANT ^n ANI SWAMY REGISTRAR \ SECTION OFFICER To, Hvderabad [OUTI l.VlllAdditionalChiefMetropolitanMagistrate,Nampally'Hyderabad. 2. The Station House Officei'OrJ""ipr"r, Police Station. Hyderabad' 3. Two CCs to the puoric prosIIJ-'-H'Sh Court for the State of Telangana at . 6l:'#l; i;-vi rasiuooin' Advocate toPucl 5. Two CD CoPies ?e ABK/gh HIGH COURT DATED: 2610312025 ORDER CRLP.No.9323 ol 2023 \ ) C: ftiii;=: J C) iJ ,' .') 13 rlJB zffi * O1 i:PATC DISMISSING OF THE CRIMINAL PETITION t 14-