The High Court · 2025

1. The State of Telangana, Rep. by its Station House Officer, P.S.Nizamabad lV Town, Nizamabad District, Through the Public Prosecutor, High Court High Court for the State of Telangana. . . . RespondenUComplainant 2. Sri Bhubhuk Vittal Rao, S/o Kantha Rao, Age. 60 yrs., Caste. Brahmana. Occ Principal, R/o Gayathri Nagar, Nizamabad C/o Alphores Junior College, Arya anagar, Nizamabad. ...RespondenUDe-facto Com plai nants 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 proceedings againstthe petitioners/Accused No.1 to 3 in the Crime No.298 of 2025 dated 1710812025 Registered by PS Nizamabad lV Town, Nizamabad District on the file of the Special Judicial First Class (Mobile) Magistrate at Nizamabad. l.A. NO: 2 OF 2025 Petition under Section 528 of Cr.P.C 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 arrest oj tle petitioners/Acr:used No.1 to 3 in the Crime No.298 ot 2025 dated 1710812O25 ilegistered by PS Nizamabad lV Town Nizamabad District on the file of the Special Judici,al First Class (Mobile) Magistrate at Nizamabad pending disposal of the above C riminal Petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Kodari Mallikarjun, Aclvocate for the Petitioners and the Sri Jithender Rao Veeramalla, Additional Pul:lic Prosecutor on behalf of the Respondent No.1 , and none appeared for tlle Respondent No.2. The Court made the following: ORDER I THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.11022 ot 2025 ORDER: 1. This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (tor short 'BNSS') seeking to quash the proceedings against the petitionerc/accused Nos.1 to 3 in Crime No.298 of 2025 dated 17.08.2025 on the file of Nizamabad Rural Police Station, Nizamabad District, registered for the offences punishable under Sections 189(2), 191 (2), 333, 329(4), 351(2), 324(4), r/w. 1 90 of Bharatiya Nyaya Sanhita (for short 'BNS'), 2023.

2. Heard Sri Kodari Mallikarjun, leamed cpunsel for the petitioners/accused Nos.1 to 3 and Sri Jitender Rao Veeramalla, the learned Additional Public Prosecutor appearing for the respondent No.1-State.

3. Learned counsel for the petitioners submitted that the petitioners herein are students and that the pendency of criminal proceedings would spoil their carcer. He further submitted that the petitioners are innocent and that they have not resorted to any kind of the acts as alleged by the defacto complainant. lt is the defacto complainant who was conducting classes on a Public Holiday i.e., "Sri Krishnashtami". He further submitted that the students have just i t , i 2 ETD, J Crlp_l1022_2025 questioned the Authority as to why they were conducting classes on Public tloliday and the said complaint is lodged with a malafide intentiorr based on false allegations that they resorted to damage the chairs creating havoc in the premises of the College. He further submitted that two FIR's were registered on the same day which is not pennissible in the eye of law. Thus, the institution of two complairrts itself shows the malafide intention of the defacto complainant. Hence prayed to quash the FlR.

4. The learned Additional public prosecutor submitted that two FIR's were registered based on two complaints with regard to two different incidents but they do not pertain to the same incident. He further su'bmitted that one of the incidents occurred in the pr.emises of Alphores Womens College while another occurred in Alphores Junior C,cllege and therefore the petition does not need any consideration and hence prayed to dismiss the petition.

5. Perrlsed the record.

6. The recprd discloses that the complaint is lodged by the Principal c,f Alphores Junior College, Gayathri Nagar, Nizamabad on 17.08.2025 at about 8.30 pM aileging that at around 1.00 pM on 't6.08.2021t, the petitioners herein have raised slogans, questioned I I i t t-.\ 3 ETD, J Crlp llo't. 2025 the defacto complainant with regard to conducting of classes on a Government Holiday on the eve of "Sri Krishnashtami' and further Glused damage to the chairs and computer monitor in the chamber of the Principal. Another complaint is lodged by the Mce Principal of Alphores Womens College at Mubarak Nagar Branch, Nizamabad, alleging that on 16.08.2025 at about 12.30 PM, while some hostel students were sitting in the College premises for revision, the students have trespassed into the College and damaged the chairs and further questioned the defacto complainant and also threatened him and staff members with dire consequences. Thus the time of alleged offence and the place of occurrence of the alleged incidents are different and the defacto complainants are different. Therefore, it cannot be held that 2 FlRs are lodged based on the same incident. Hence the prayer of the petitioners lacks merits. The offences alleged against the petitioners are punishable with bss than seven years of imprisonment. Hence, this Court deems it appropriate to direct the petitioners/accused Nos.1 to 3 to appear before the lnvestigating Officer on or before 22.09.2025 betvrreen 11:00 a.m. and 05:00 p.m. and in turn, the lnvestigating Ofiicer is directed to follow the procedure laid down under Sec{ion 35 (3) of the BNSS (previously section 41-A of Criminal Procedure Code, 1973) and also ( \ 4 ETD, J Crlp_ll022 2025 I the guidelines formulated by the Hon'ble Supreme Court of lndia in Am*h Kumar v. State of Biharl scrupulously. However, the petitioners/accused Nos.1 to 3 shall submit their defense and co- operate with the lnvestigating Officer as and when required by fumishing information and producing all relevant documents/material required for the purpose of investigation and the lnvestigating Officer shall con,sider the same and complete the investigation stricfly in accordance with law. S. Aa:ordingly the Criminal Petition is disposed of.

8. As a sequel, miscellaneous petitions, pending if any, shall stand closed. //TRUE COPY// SD/- MOMINA iTEHAR lsrANr REGtsTE4ft_ SECT]ON OFFICER To,

1. The Spr:cial Judicial First Class (Mobile) Magistrate at Nizama bad. 2. The Station House Officer, Nizamabad lV Town Police Station Nizamabad Distric't.

3. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad [OUT]

4. One CC; to Sri Kodari Mallikarjun, Advocate [OPUCI

4.",l)' s. TwoCErCopies I (2014) 8 scc 273 , I HIGH COURT DATED:1 0/09/2025 ORDER CRLP.No.11022 of 2025 ir':il l,) l,! .,! .)(r q () ??J AN 2026 ,,. * ) I DISPOSING THE CRIMINAL PETITION