The High Court · 2025

Rep. by its Public Prosecutor, High Court, Hyderabad 2 B.Ravinder, S/o. Pentaiah, Occ. Private Employee, R/o.H No. 8-5-18/130/P, Durga Nagar, Rajendranagar, Hyderabad - 500 077. ... Petitioner/Acc used ...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 FIR No.513/2025, dt.2510812125 on the file of P.S.Sanathnagar, Cyberabad. l.A. NO: 2 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 FIR No.5'1 312025, d1.25.08.2025 on the file of P.S.Sanathnagar, Cyberabad, including the arrest of the petitioner, pending disposal of the quash petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Vedula Srinivas representing Ms. Vedula Chitralekha, Advocate for the Petitioner and Public Proseculor on behalf of the Sri Jithender Rao Veeramalla, fldditional Respondent No.1 and none appeBred for the Respondent No.2. The Court made the following: ORDER I I ,/ / I v THE HON'BLE SMT. JUSTICE TIRUMALA DEVIEADA CRIMINAL PETITION No.11554 OF 2025 ORDER This Criminal Petition is filed by the petitioner - accused seeking to quash the proceedings in FIR No.513 of 2025 on the file of P.S. Sanathnagar, Cyberabad, registered for the offences under Sections 127(7), 351 , 115(2) of The Bharatiya Nyaya Sanhita, 2023 (for short "BNS, 2023

2. Heard the submissions of Sri Vedula Srinivas, leaned Senior Counsel representing Ms. Vedula Chitralekha, learned counsel for the petitioner and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent No.1 - State.

3. The learned petitioner counsel has submitted that the petitioner is facing false allegations that he called the de-facto complainant into his office and has abused him and threated hirn in the name of his caste is utterly false and that he never abused the petitioner, He further submitted that the petitioner is an Outsourcing Employee of CDFD and was not performing well and when he was callqd and intimated about the same, he came up with the false \ allegations. ln fact the de-facto complainant has misbehaved with the staff at CDFD office and in turn has filed his complaint. He further I l 2 ETD,J Crlp.No.l 1554 2025 argued that the petitioner herein has filed a complaint vide FlR.No.517 of 2025 dated 27.08.2025 alleging that the de-facto complainant herein was working as a Plumber on Contract Basis in I CDFD company, multiple complaints were received against him and therefore, their company staff has called him and informed him to come to the office for enquiry and later on the de-facto complainant came to the office and quarreled with the HR Manager and also entered into the chamber of CH. Muralidhar who is the petitioner herein, and abused him in filthy language and also threatened him with dire consequences. The said complaint is pending investigation and the present complaint is lodged by the de-facto complaint as a counter blast to the complaint given by the petitioner herein. He therefore submitted that there is no truth in the allegation and hence, prayed to quash the proceedings against the petitioner.

4. The learned Additional Public Prosecutor has submitted that there are specific allegations pointing out that the de-facto complainant was beaten up in the chambers of the petitioner herein He further submitted that since the offences are punishable with less than seven years, the notice under Section 35(3) may be issued

5. Perused the record. / -1 ETD,J Crlp.No.l 1554_2025

6. The record discloses that there are case and counter case between the parties herein the earlier FIR No.517 of 2025 alleging I the date of offence to be 23.08.2025 was filed by the petitioner herein against the de-facto complainant. While the present complaint is lodged under FlR.No.513 of 2025 and the alleged date of offence is 25.08.2025. Therefore, there are case and counter case between the parties.

7. ln Punit Beriwala v. State of NCT of Delhil it was held that whenever a case and counter case are pending one case cannot be quashed and the other cannot be kept pending.

8. ln light of the decision, one case cannot be quashed, while the other is kept pending and the perusal of the complaint also points out specific allegations against the petitioner herein. The investigation is still in progress. Hence, it is not proper to interfere with the investigation process at this stage.

9. ln the result, the Criminal Petition is disposed of, directing the petitioners to appear before the lnvestigating Officer on or before

29.09.2025 between '1 1:00 a.m. and 05:00 p.m. and in turn, the lnvestigating Officer is directed to follow the procedure laid down ' 2025 SCC Online SC 983 4 ETD,J Crlp.No.l 1554_2025 under Section 35 (3) of the BNSS (previously section 41-A of Criminal Procedure Code, 1973) and also the guidelines formulated by the Hon'ble Supreme Court of lndia in Arnesh Kumar v. Sfate of Bihal scrupulously. However, the petitioners shall submit their defense and co-operate with the lnvestigating Officer as and when required by furnishing information and produce all relevant documents/material required for the purpose of the investigation and the lnvestigating Officer shall consider the same and shall complete the investigation, strictly in accordance with law. Miscellaneous applications pending, if any, shall stand closed. SD/- P.PONNA KRISHNA ASSISTANT REGIS //TRUE COPY// ECTION OFFICER To, Cyberabad 1 The Xll Additional Metropolitan Magistrate, Kukatpally at Prashanthnagar' z. iie siat,on House officer, sanathnagar police station, cyberabad 5 r*o cc. to prbli" prosecutor, High court for the state of Telangana at +. orie bc to Sri Vedula Chitralekha' Advocate IOPUC] 5. Two CD CoPies HYderabad [OUT] ABK/PSL w HIGH COURT DATED: 1910912025 ORDER CRLP.No.11554 ol 2025 .jR (l o ? 4 JAil 2026 i\q':;'\ \\ * * PATC I DISPOSING OF THE CRIMINAL PETITION g .nQ6 W@