The High Court · 2025

This Petition coming on for hearing, upon perusing :l e Memorandum of Grounds of Crimrnal petition and upon hearing .t e arguments of sri Dr. Kadire Krishnaiah, Advocate for the petitioners an i sri Jrthender Rao Veeramalla, Additionar pubric prosecutor on beharf of the R:;pondent No.1 and none appeared for the Respondent No.2. The Court made the following: ORDERS THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.13377 OF 2025 ORDER: This Criminal Petition is filed seeking to quash the proceedings against the petitioners-accused Nos l to 15 in Crime No.106 o'f 2025 on the file of l\4udhole Police Station, Nirmal District, registered for the offences under Sections 1 1B(1), 196(2), 296,351(2), 191(2) and 191(3) read with 190 of Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS').

2. Heard Dr. Kadire Krishnaiah, learned counsel for the petitioners and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent No.'1-State.

3. The case of the prosecution is that Government land in Survey No.249 situated at Borigaon Village was encroached by tvvo groups of people belonging to two different communities and they were trying to erect a statue without having any authority. Thus, a quarrel ensued between both the groups and two F.l.Rs. viz., F.l.R.Nos.'105 and 106 of 2025 on the file of Mudhole Police Station, Nirmal District, came to be registered. 4 Learned counsel for the petitioners submitted that the petitioners herein are facing false allegations; that there is rivalry l ,t '! 2 ETI),J lrl.P.No 13177 of2025 between two groups, owing to which a false contl laint is foisted against the petitioners herein; that the petitionr_, s have never committed any crime as alleged by the de facto cr.t nplainant; that the petitioners have never abused and attack: i anyone, as alleged and hence, prayed to quash the proce rdings in the present crime against the petitioners herein.

5. Learned Additional public prosecutor submift _,d that due to the disputes between two groups of people, flr rre was fight between them and when the police went to st rp them, the petitioners herein have beat the police also. .I rerefore, two F.l.Rs. came to be registered. He further subrn tted that the police have also issued notice under Section 35(3 of BNSS to some of the petitioners, but for petitioner Nos.1 a td 2/accused Nos.l and 2, who were remanded to judicial ,) tstody. He, therefore, prayed to dismiss the Criminal petition.

6. Perused the record

7. There are two F.l.Rs. ie., F.l.R.Nos..l05 anct 106 of 2025 registered, based on the same incident, which arosr: cut of rivalry between two groups. The investigation is still in I) ogress. The allegations in both the compraints are simirar in r ature made \ 3 E1'D.J Crl.P.r.\o I ll77 ()1 2025 against each other. Truth is yet to be culled out at the end of the investigation or trial, whichever the case may be. When there is a c4se and a counter case based on the same incident, one case cannot be quashed, while the other is kept pending, as it was held by the Honourable Apex Court in Punit Beriwala v. The State of NCT of Delhi and othersl. Therefore, in view of the above held discussion and in the light of the decision cited above, it is held that the present Criminal Petition lacks merit. B. Accordingly, the Criminal Petition is dismissed Miscellaneous Petitions pending, if any, shall stand closed 'eoat l-fveLaw ($c2n* SD/-S MALLIKARJUNA RAO ISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,

1. The Judicial First Class Magistrate, Bhainsa 2. The Station House Officer, Mudhole police Station, Nirmal 3. Two CCs to Public prosecutor, High Court for the dtate of Telangana at 4 5 Hyderabad [OUT] One CC to Sri Dr. Kadire Krishnaiah , Advocate [OPUC] Two CD Co pres l ABK HIGH COURT DATED: 2811012025 ORDER CRLP.No.13377 ol 2025 4 t \..' DISMISSING THE CRIMINAL PETITION \ a ?b \\ :., tl !;/ ".,,/ .;.' a t, M Lt,. ',,,r i xt.-