The High Court · 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 allow this Petition by quashing the Calendar Case vide C C No- T34ot2025onthefileoftheCourtoftheAdditionalJudiciallr/IagistrateofFirst Class, Komaram Bheem Asifabad District' at Asifabad insofar as Petitioner/Accused No. 4 is concerned, arising out of Crime No 58 of 2025 Dated 24- 05- 2025, Police Station, Kaghaznaaar Rural' *;:-.='--=E- l.A. NO: 2OF 2025 Petition under Section 528 of BNSS, 2023 praying that in the circumstances stated in the lvlemorandum of Grounds of Criminal Petition, the High Court may be pleased to DIRECT Respondent No.3 to defreeze Petitioners bank account bearing Account No 380209507 41 , State Bank of lndia, Vemulawada Brancr, arising oul of FlR. No. 58 of 2025 Dated 24- 05- 2025, Police Station, Kaghaznagar Rural on the file of the Court of the Judicial First Class lvlagistrate, A.sifabad at Sirpur (T) pending disposal oi Criminal Petition (Quash Applicatio e) l.A. NO: 3 OF 2025 Petition under Section 528 of BNSS 2023 pray ing that in the circumstances stated in the l/emorandum of Grounds of Criminal Petition, the High Court may b,e pleased to STAY all further proceedings ncluding arrest of the Petitioner in C.. ,1. No. 734 of 2025 on the file of the Courl of the Additional Judicial Magistrate of First Class. Komaram Bheem Asi'abad District, at Asifabad. insofar as Petitio ner/Accused No. 4 is concerned, arising out of Crime No. 58 of 2025 Dated 24- 05- 2025. Police Station, Kaghaznagar Rural, pending disposal of Criminal Petition (Quash Application). This Petrtion coming on for hearing, upon perusing the Memorandum of Grounds of Crimiral Petition and upon hearing the arguments of IVlr R K CHITTA, Advocate for the Petitioner and Mr. JITHENDER RAO V{:ERAN/ALLA, the Additional Public Prosecutor on behalf of Respondent No.1 and nofl€ appeared for the Respondent No 2. The Court made the following: ORDER I I I THE HON'BLE SMT.JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION N 0.13337 ol 2025 ORDER:- 1. This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 seeking the Court to quash the proceedings against the petitioner/accused No.4 in C.C.No'734 of 2025, pending on the file of the learned Additional Judicial Magistrate of First Class, Komaram Bheem Asifabad District at Asifabad, registered for the offences punishable under Sections 318(4) of BNS, 2023 and Section 19 of Seeds Act' 1966.

2. Heard Sri R.K.Chitta, learned counsel for the petitioner/accused No.4 as well as Sri Jitender Rao Veeramalla, the learned Additional Public Prosecutor appearing for the respondent No.1 -State.

3. Learned petitioner's counsel has submitted that the petitioner herein is accused No.4 and that he is facing false allegations and he is no way connected with the allegation that spurious seeds have been purchased and sold by accused Nos.1 to 3. He further submitted that the story of prosecution that accused Nos.1 to 3 have purchased the spurious seeds from the petitioner herein is utterly 2 E10) Cd.P.No-j3j3r_2025 false and that he never indulged in such act and he therefore prayed to quash the proceedings against the petitioner.

4. The learned Additionar pubric prosecutor has submitted that based on tht-' confessional statement of accused Nos.1 to 3, the accused No_4 l-ras been arrayed as accused in this case and that as on date, there is no such evidence collected againsl the petitioner herein.

5. Perused the record. The recitals of charge sheet and the contents of the ,:omplaint throw light upon the fact that accused No.4 is arrayed a:; accused based on the confessionar statement of accused Nos.1 to 3. The allegations faced by accused Nos.1 to 3 are that they have purchased spurious seeds to seil it tr the innocent customers at Kaghaznagar for profits. However, nothing is seized from accused No.4 and there is nothing on record to connect the petitioner herein to the afleged purchase and sare of sgrurious seeds by accused Nos.1 to 3. When there is no such evidence available on record, continuation of proceedings against the pel.itioner herein would be abuse of process of raw. Hence, the criminar petition is entitled to be allowed.

6. In the result, the Criminal petition is allowed and the pr,eegdings aqainst the petitioner/accused No.4 in c.c.No.734 of : 3 ETDJ Cd-P-No.7i1:17-202s 2025, pending on the file of the learned Additional Judicial tVlagistrate of First Class, Komaram Bheem Asifabad District at Asifabad, are herebY quashed. 7 Miscellaneous petitions pending, if any, shall stand closed. SD/.M.OSMAN ALI BAIG AS STANT REGISTRAR //TRUE COPY// S CTION OFFICER To,

1. The Judicial First Class Magistrate at Sirpur (T) 2. fhe Station House Officer, Kaghaznagar Rural Police Station' Kumrurnbheern, District 3, Two CCs to the Public Prosecutor, High Court for the State of Telangana, at Hyderabad. [OUT] - 4.TheStateBankoflndia,Vemulawada.Branch,Represented-by^itsBranch li,ir""JEiilN"ir korririei. siand, Vemulwada, Telangana - 505 302'

5. One CC to t\ilr. R K CHITTA, Advocate [OPUC] 6. Two CD CoPies RC/PSL Y\- l { i : : : HIGH COURT DATED: 1511012025 ORDER CRLP.No.13337 of 2025 //.,, ,l/.'.., i '- 2 4 ril zlut d\ ;:. ()l '-.ir A, 't oAs- 1 a,'.r! ar a This Criminal Petition is Allowed' d .fd jfio"