High Court · 2025

'1 . The State of Telangana, Rep. by the Public Prosecutor, High Court at Hyderabad

2. Kunreddy Ram Reddy, S/o Narayan Reddy, Aged about 37 years, Occ Agriculture, R/o Peddagudem H/o Sirsanagandla Village, Peddavoora Mandal, Nalgonda District RESPONDENT/RESPONDENT No.1 ...RESPONDENT NO.2/COMPLAINANT Petition under Section 528 of BNSS, 2023 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.3 to 5 in SC.No.156 of 2021 on the file of V Additional District and Sessions Court-CUM- Senior Civil Judge, Miryalguda, Nalgonda District, in the interest of justice; l.A. NO: 'l OF 2024 Petition under Section 528 of BNSS, 2023 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 appearance of the Petitioners/Accused No.3 to 5 rn SC.No.156 of 2021 on the file of V Additional District and Sessions Court-CUlt/- Senior Civil Judge, Miryalguda, Nalgonda District,; This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri M A H AMZAD, Advocate for the Petitioners and Sri M.Vivekananda Reddy, Addl. Public Prosecutor on behalf of the Respondent No. 1 and none appear for the Respondent No.2; The Court made the following: ORDER -".jr-:q. 7 '!i{ )' HON'BLE SRI JUSTICE K.SUREND:ER CRIMINAL PETITION No.12823 OF 21024 ORDER: 1. The petitioners/Accused Nos.3 to 5 are <luestioning their inclusion as accused in the protest petitio n hled by the complainant, when the police had given them a ,:lean chit during the investigation and hled a hnal report/charge sheet stating that the involvement of the petitionersr/A3 to A5 u..as not made out.

2. The 2"a rcspondent, aegrieved by the aitack on him on

22.07.2O1a, filed a Telugu-rvritten complaint on the same day at

3.3O. The FIR u,as registcred against hvc persons. The petitioners, narnes u,ere also mentioned ir.r the complaint anrl in the FIR. The 2"d respondent alleged thart on 2t.O7 .2OLa, in thr: er.ening around

6.00 p.m, these petitioners and two others attacl<ed him while he was going to his helcls dtrc to old disputi:s. The si:icl complaint was investigated by the poii<;e, and in the final rr:port, the police mentioned the involvement of only A1 and A.2 arrcl srated that only A1 and A2 were involved. : i 2 \'

3. Aggrieved bi' the non inclusion of these petitioners, Criminal Petition No.93 1 of 2079 r,r,as filed by the 2.d respondent. Learned Magistrate passed orders on 28.O7.2O 19 as follows: "l haue recorded the statement of L.W. 1, pentsed the record. 161Cr.P.C stotements, charge sheet and other material on record. L.W.I irt his statement categoricallg stated that on 21.07.2018 he rL;ent to the uillaqe to get ploughs on hire and uhile he ruas retunting and reached near the house of A- 1/Chanda Bhtsker Reddg and there is utater tank nearbg, A-1 to A 5 themseLues hicl at the tank bund and a speed breaker is at the house oJ'A I Ch.an.dra Bha.skar Reddy, uthen he came to the speed. brectl:cr, A I to A 5 came behind him, caught hold of h.im and listeci hitn ali ouer Lhe bodg, A-3 to A-5 caught hold of his trcad and beat lim ouer head, A-2 beat ouer the left shoulder with rod and A-l beat tuith rod on his head. There respondent bot.indorq disputes wittt. regartl to Lond in Sg.No.277 of Anumala a.nd he is lt.ctuing land to on extent of 0.37 gts and he adnitted in Holiya hospital later admitted Jyothi Hosprtal, Miryalaguda. Later he lodged the repoft after dischargin g front hospitaL I haue perused the rL:porl. t .W.1 lr hls report categoically stated that A-3 to A-5 also beat him. He qlso stated that A-3 to A-5 caught hold of his head and beat him ouer head. So, a-s L.W. 1 and defacto complainant he has giuen. specific ouert acts agoinst A 3 to A 5 ulso. Hence, there is prima facie case aga.inst A-.3 to ;\-.5 for tlte oJJe:n.ce totder Sec.307 r/ w 34 of IPC. Tlrc case l-s rot.r/c cogrizartce aEainsl A 3 to A-5 aLong utith A-1 and A 2 ui.d.e P.R.C No.02/ 2O20. Hence issue summons to A-3 to A-5 along ruitlt A 1 and A-2. CctlL on 14.O2.2020." 3

4. Learned Magistrate lound that a prirna fb cie case is made out against these petitioners. ald specilic overt acts 'rerr: attributed to them, and accordingly, he took cognizance.

5. Learned counsel appearing for the petitiont:rs would submit that once the police, during the investigation, did not find the involvement of these petitioners, learned Magistrntc crred in taking cogn2ance against these petitioners, committing ,-l'rern, and issuing summons. I I \

6. As already discussed, the names of thesc petitioners u,ere mentioned in the written compiaint tiled by the ,),rd respondent. in the charge sheet hled by the police. no reaso ns were given to substantiate that these petitioners were not involr.ed in the attack. Even in Section 161Cr.P.C statement of the 2n(r rt:spondent, he has clearly mentioned the names of these petitione; s as the persons who have attacked him.

7. At the stage of taking cognizance of an offen,:e, :f a pima facie case is madr: out, it rvouid sufhce tb order the rrppr,'arance of the accused to face trial. The fact that the police did not file a hnal report against the accused persons, i.e., the petilioners herein, 4 cannot be a reason to set aside the order of the learned Magistrate for taking cognizance against these pctitioners to be tried for the offence under Section 3O7 of IPC. The leamed Magistrate has given reasons for t.al<ing cognizance and the same carrnot be interfered

8. Accorclingl-y. Criminal Pc'tition is disrnisseci I I To, //TRUE COPY// SD/- MOHD. ISMAIL EPUTY REGISTRAR SECTION OFFICER

1. The V Addl. District & Sessions Judge Court-cum-Senior Civil Judge, Miryalaguda, Nalgonda District

2. The Judicial First Class Magistrate, Nidamanor 3. The Station House Officer, Peddavoora P.S., Nalgonda District 4 One CC to SRl. M A H AN/ZAD Advocate [OPUC] 5 Two CCs to PUBLIC PROSECUTOR, High Court at Hyderabad (OUT) 6. Two CD Copies VSM/gh 1/ i HIGH COURT DATED:0210412025 /-- 1tf E ST4 14: /-) l) '.) .\ i IgJtjll M \\ l;rrr TCI \ i, * (n( ! o {i. ORDER CRLP.No,12823 ot 2024 DISMISSING THE CRIMINAL PETITION 74t