Sri. lt/lohammed Yousuf v. The State of Telangana, Rep. through Suraram Police Station, Cyberabad, Medchal-Malkajgiri District

2. Sri. IMohammed Ghouse, S/o Mohammed Khaleel Late, Aged about 40 years, Occupation Business, R/o H.No. 5-24-1001 , Prakasham Panthulu Nagar, Gajularamaram Village, Quthbullapur [Vlandal, Medchal-Malkajgiri District. ...Petitioners/Accused No.3 & 4 AND

The State of Telangana, Rep. through Suraram Police Station, Cyberabad, Medchal-Malkajgiri District, Rep. by its Public Prosecutor, High Court of Judicature at Hyderabad. ...Respondent 2. Sunil Giridharilal Sirwani, S/o Giridarilal, Aged about 49 years, Occ. Business, R/o 32-'1 17, HAL Colony, Gajularamaram, Quthbullapur lrilandal, lVledchal- lvlalkajg iri District. ... RespondenUCom pla inant Petition under Section 528 of BNSS Act, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to Call for the records relating to C.C. No 74 of 202b on the file of the Vlll Addl. Metropolitan Magistrate, Medchal-[\/alkajg iri District at Medchal and quash the proceedings against the petitio ne rs/a ccused No.3 and 4 as the prosecution has failed to make out any prima facie case against the Petitroners and to grant such other relief of reliefs as this Hon'ble Court deems fit. t.A. NO: 2 OF 2025 Petition under Section 528 of BNSS Act, p'aying that in the circumstances stated in the Memorandum of Grounds of Ori ninal Petition, the High court may be pleased to grant stay of all further proce<;c ings, including the appearance of the Petitioners/Accused No.3 and 4 in c.c. No. 74 of 2025, on the fite of the vlll Addl. Metropolitan Magistrate, Medchal-N]a lkajgiri District at Medchal pending disposal of the above Criminal Petition. This Petition coming on for hearing, upon perusing th I Memorandum of Grounds of criminal Petition and upon hearing the argurnents of Mr sYED WAHEED ALl, Advocate for the Petitioners and Mr. .IITHENDER RAO vEERAMALLA. the Additional Public Prosecutor (TG) on :eralf of respondent No.1 and None appeared for the Respondent No.2. The Court made the following: ORDER THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.10535 ot 2025 ORDER This Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') by the petitioners/accused Nos.3 and 4 seeking to quash the proceedings against them in C.C.No.74 ol 2025 on the file of Vlll Additional tr4etropolitan Magistrate, Medchal-tVlalkajrigi District at lVledchal, for the alleged offences punlshable under Sections 420, 406, 506 read with 120(b) of the lndia Penal Code, 1860 (for short 'lPC') and 156(3) of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C).

Heard Sri Syed Waheed Ali, learned counsel for the petitioners and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent No.'l-State

Learned counsel for the petitioners submitted that the petitioners herein are only witnesses to the transaction that took place between accused No.1 and de-facto complainant, they are facing false allegations. He further submitted that the petitioners are innocent and they are no way concerRed with the alleged offences. He also submitted that even according to the complaint and charge sheet, there are no specific allegations against the 2 ETD, J {lrl.P 10535 2025 petitioners. Hence, he prayed the Court to quash the proceedings against the petitioners

Learned Additional Public Prosecutor o rposed the submissions of the learned counsel for the petitioner; stating that the petitioners, along with other accused, made a v,:nture in the Government land and that itself shows that the llertitioners are indulged in the alleged offences. He further subroitted that the matter requires adjudication before the trial Court anC prayed the Court to dismiss the criminal petition

Perused the record. lt reveals that the alleqations point out the offence under Sections 420,406, 506 read with 120(b) of the IPC and 156(3) of the Cr.P.C. against the petitionerr;. A perusal of the complaint, reveals that the allegations levellr>rl against the petitioners are serious in nature. The truth or olh€,rwise in the said allegations shall come out during the cours€r cf trial. This Court is not inclined to interfere with the proceerii.rgs pending before the trial Court. However, the appearance of the petitioners are dispensed with before the trial Court unless their presence is speciflcally required during the course of trial, subject to the condition of petitioners being represented by their counsel on every date of hearing 3 ETD, J Crl.P 10535 2025

With the above observations, this Criminal Petition is disposed of. There shall be no order as to costs

As a sequel, the miscellaneous petitions pending, if any, shall stand closed. SD/- V.KAVITHA DEPUTY REGISTRAR //TRUE COPY// ECTION OFFICER To, (Call for Records)

1. The Vlll - Additionar Metroporitan Magistrate court at Athveili, cyberabad. 2 !1" Station House Officer, Suraram police Station, Cyberabad, Medchal_ 3. Two ccs to Pubric prosecutor, High court for the state of rerangana, at Malkajgiri District. Hyderabad [OUT]