The High Court · 2025

The State of Telangana, Rep- by its Station House Officer, P.S. Nizamabad Rural, Nizamabad District, Through the Public Prosecutor. High Court High Court for the State of Telangana Sn Muthyala. Rajeldhar Naidu, S/o_Madhan Gopal, Age. 62 yrs.. Caste. Naidu. Occ Vice Principal, R/o RTC Nagar. Nizamabad C/o Atphores Junior College, Arya amagar, Nizamabad. ...Respondents/Defacto Complainant 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 against the petitioners/Accused No.1 to 3 in the Crime No.261 of 2025 dated 1710812025 Registered by PS Nizamabad Rurat, Nrzamabad Dist. on the file of the Hon'ble ll Additional Judicial First Class, Magistrate at Nrzamabad. i.A. NO: 2 OF 2025 Petrtion 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, includrng arrest of the petitio ne rs/Accu sed No 1 to 3 in the Crime No.26'1 of 2025 dated 17.08.2025 Registered by PS Nizamabad Rural, Nizamabad Dist. on the file of the Hon'ble ll Additional Judicial First Class Magistrate at Nizamabad. This Petition coming on for hearing, upon perustn! :he [V,lemorandum of Grounds of Crimrnal Petition and upon hearing :he arguments of Sri Kodarr Mallikarjun Advocate for the Petitioners ar( Srr Jithender Rao Veeramalla, Additional Publrc Prosecutor on behalf of the F espondent No..l and none appeared for the Respondent No.2. The Court made the following: ORDER THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA cRt MINAL PETITION No.11006 ot 2025 ORDER:

1. This Criminal petition is filed under Section 52g of Bharaliya Nagarik Suraksha Sanhita, 2023 (tor short ,BNSS,) seeking to quash the proceedings against the petitioners/accused Nos.1 to 3 in Crime No.261 of 20ZS dated 1Z.O1.2O2S on the file of police Station, Nizamabad Rural, Nizamabad District, registered for the offences punishable under Sections 189(2), 1g1 (Z),333, 329(4), 351(2), 324(4), r/w. 190 of Bharatiya Nyaya Sanhita (for short ,BNS,), 2. Heard Sri Kodari Mallikarjun, Iearned counsel for the petitioners/accused Nos.1 to 3 and Sri Jitender Rao Veeramalla, the learned Additional public prosecutor appearing for the respondent No.'t-State

3. Learned counsel for the petitioners submitted that the petitioners herein are students and that the pendency of criminal proceedings wourd spoir their career. He further submitted that the petitioners are innocent and that they have not resorted to any kind of the acts as aileged by the defacto comprainant. rt is the defacto complainant who was conducting classes on a public Holiday i.e., "Sri Krishnashtami". He further submitted that the students have just 2 ETD, J Crlp t 1006_2025 questioned the Authority as to why they were condurt ng classes on Public Holiday and the said complaint is lodged rv th a malafide intention based on false allegations that they resortec o damage the chairs creating havoc in the premises of the Collel l. He further submitted that two FIR's were registered on the sanr r day which is not permissible in the eye of law. Thus, the in ; itution of two complaints itself shows the malafide intention rl the defacto complainant. Hence prayed to quash the FIR

4. The learned Additional Public Prosecutor subr ritted that two FIR's were registered based on two complaints witl) regard to two different incidents but they do not pertain to the sanr,, incident. He further submitted that one of the incidents occurred ir the premises of Alphores Womens College while another occurr( d in Alphores Junior College and therefore the petitlon does rot need any consideration and hence prayed to dismiss the petitior

5. Perused the record

6. The record discloses that the complaint is tdged by the Principal of Alphores Junior College, Gayathri Nagar rlizamabad on 17.08.2025 at about 8.30 PM alleging that at arour j 1.00 PM on

16.08.2025, the petitioners herein have raised slogir rs, questioned / 3 ETD, J Crlp 11006-2025 the defacto complainant with regard to conducting of classes on a Government Holiday on the eve of "Sri Krishnashtami" and further caused damage to the chairs and computer monitor in the chamber of the Principal. Another complalnt is lodged by the Vice 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 andfurtherquestionedthedefactocomplainantandalsothreatened him and staff members with dire consequences' Thus the time of allegedoffenceandtheplaceofoccurrenceoftheallegedincidents aredifferentandthedefactocomplainantsaredifferent.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 less 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 2209'2025 between 11:00 a'm' and05:00p.m.andinturn,thelnvestigatingOfficerisdirectedto follow the procedure laid down under Section 35 (3) of the BNSS (previously section 41-A of Criminal Procedure Code' 1973) and also \ \ 4 ETD. J Crlp_11006_2025 the guidelines formulated by the Hon'ble Supreme rl )urt of lndia in Arnesh Kumar v. State of Biharl scrupulously. However, the petitioners/accused Nos.1 to 3 shall submit their ct fense and co- operate with the lnvestigating Officer as and whr n required by furnishing information and producing all relevant doct ments/material required for the purpose of investigation and the lnv<,t tigating Officer shall consider the same and complete the investi{) rtion strictly in accordance with law.

1. Accordingly the Criminal Petition is disposed o' g. As a sequel, miscellaneous petitions, pendi r I if any, shall stand closed. K.BHAVANI SWAMY STANT REGISTRAR SDi ASr ) 1 //TRUE COPY// SECTION OFFICER To, 1 The llAdditional Judicial First Class Magistrate, Nizam;r ,ad 2. The Station House Officer, Nizamabad Rural Police Sle t cn, Nizamabad 3. Two CCs to Public Prosecutor, High Court for the State r f Telangana at Hyderabad [OUT]

4. One CC to Sri Kodari Mallikarjun, Advocate [OPUC] 5. Two CD Copies s ABK/PSL HIGH COURT DATED: 1010912025 ORDER CRLP.No.11006 o'f 2025 ..4 /a' .- B 5 i:i z{[ (1\ ( ) I \. .., DISPOSING OF THE CRIMINAL PETITION q t\