Prosecutor has submitted that the Apex Court has held recently in Punit Beriwala v. State of NCT of Dethi' that whenever a case and counter case are pending

1 The S_tate of Telangana, Rep. by its Public Prosecutor, High Court Complex, High Court, at Hyderabad. The Station House Officer, Asif Nagar Police Station, Hyderabad, Telangana State. J Smt Noor Jahan Begum, ,Wo. Late Syed Jaffar, Aged about 47 years, Occ Private Employee, R/o. H-No. 12-3-37|N10-1, Asif Nagar, Hyderabad, Telangana State, ...Respondents/De-Facto Com plainant 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 call for the records relating to and connected with the Charge Sheet or Final Report in C.C. No. 7516 ot 2024 in Crime No. 1 37 of 2024, dated 29-02-2024 for the offences uls. 448 and 323 r/w Section 34 of IPC which is pending on the file of the Learned I Addl. Chief Metropolitan Magistrate, at Hyderabad. I.A. NO: 'l OF 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 grant stay of all further proceedings in Charge Sheet or Final Report in C.C. No. 7516 of 2024 in Crime No. 137 ol 2O24, daled. 29-02-2024 for the offences uls. 448 and 323 r/w Section 34 of IPC which is pending on the file of the Learned I Addl. Chief Metropolitan [t/lagistrate, at Hyderabad. 7 This Petition c,lming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of sri B. Ramulu ,Advor:ate for the Petitioner and sri Jithender Rao Veeramalla, learned Additional Public Prosecutor on behalf of the Respondent Nos. 1 & 2 and none appeared for ther respondent no.3. The Court made the following: ORDER I THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL P ETITION No.10646 OF 2025 ORDER: This Criminal Petition is filed by the petitioners _ accused Nos.'l and 2 seeking to quash the.proceedings in C.C.No.7516 of 2024 on the file of the learned I Additional Chief Metropolitan Magistrate at Hyderabad, registered for the offences under Sections 448 and 323 read with Section 34 of the lndian penal Code (for short "lPC").

2. Heard the submissions of Sri B.Ramulu, learned counsel for the petitioners and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent Nos.1 and 2.

3. The learned petitioner counsel has submitted that the petitioners are the owners of a house. and that the de f acto complainant is a tenant and that the petitioners herein have made a complaint on 28.02.2024 under Sections 448, SO4, 506 and 427 of IPC against the de facto complainant herein stating that as she has entered premises without the permission of the owner and has been staying there without paying any rent and further threatened the petitioners herein, and as a counter blast, the present complaint is lociged by the de facto complainant herein on 29.02.2024. He 2 fu(her submitted that the petitioners are the rightful owners and thus, the allegation of trespass does not attract against him and he further submitted that the petitioners have also received notice under Section 35(3) of BNSS and they have also furnished their reply but the very complaint itself lacks merits and the pendency of the same would result in abuse of process of law and therefore, prayed to quash the proceedings against the petitioners.

4. The learned Additlonal Public Prosecutor has submitted that the Apex Court has held recently in Punit Beriwala v. State of NCT of Dethi' that whenever a case and counter case are pending one case cannot be quashed and the other cannot be kept pending. He further submitted that the matter needs to be tried to unravel the truth and hqnc.6,, prayed to dismiss the petition.

5. Perused the record.

6. The record discloses that two FlRs i.e. the first FIR vide Crime No.136 t>f 2024 daled 28.02.2024 is lodged by the accused- petitioners herein against the de facfo complainant and second FIR No.137 of 202,4, dated 29.02.2024 is filed against the petitioners herein. The allegations leveled are under Sections 448, 324 read I 2025 SCC OnLine SC 983 .' with Section 34 of lPC. lt is alleged that the petitioners herein have trespassed into the house of the de facto complainant and caused injuries on the de facto complaina nt, therefore, there are case and counter cases against each other between lhe de facto complainant and the petitioners herein. I t 7 . ln Punit Beriwala's case relied upon by the learned Additional Public Prosecutor, it was held that in cases involving cross-FlRs, it would be prudent and fair if the investigation was carried out in a comprehensive manner. After all, the object of the investigation is the discovery of truth. By observing the same, the I Apex Court has revived the FIR which was quashed by the High Cou rt. B. The C.C.No.75 16 of 2024 on the file of the learned I Additional Chief Metropolitan Magistrate at Hyderabad is pending for trial, therefore, the truth in the said complaints shall be brought out during the course of trial, and hence it is deemed appropriate to dispose of the petition by dispensing with the attendance of the petitioners before the trial Court. 4

9. ln the result, the Criminal Petition is disposed of dispensing with the attendance of the petitioners before the trial Court, unless their presence is specifically required by the trial Court during the course of trial provided that they shall be represented by their counsel on every date of hearing. Miscellaneous applications pending, if any, shall stand closed. \ To, S -M JAWAHAR REDDY TANT REGISTRAR A I //TRUE COPY// i €ECTION OFFICER

1. The I Additional Chief Metropolitan Magistrate at HydLtabad. 2. The Station Hor:se Officer, P.S. Asifnagar, Hyderabad. 3. One CC to Sri B. Ramulu, Advocate [OPUC] 4. Two CCs to the Public Prosecutor, High Court for the State of Telangana, Hyderabad. [OtJT]

5. Two CD Copies; EPR/gh W HIGH COURT DATED:0310912025 ORDER CRLP.No.10646 ot 2025 t! '-' r.; 0 s,0[r 20[ / l/: '.. .,. ..:,7 . '- ' DISPOSING OF THE CRL. PETITION. \ al) <1) D