The High Court · 2025

of Telangana, High Court, Hyderabad ...RESPONDENT

2. Jatavath Shankar, S/o Hunya, Aged Thanda Chinnqa Revally Village Raj Nagar District 44 yrs., Occ: Agrl., R/o Peddachelka apur Mandal, Bala Nagar Mahaboob ...RESPONDENT/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 Charge Sheet Proceedings in S.C. SPL No.23 of 2025, on the file of Special Judge for Trial of Cases Under SCs and STs (pOA) Act, 1989 - cum - ll Additional District and Sessions Judge, Mahaboob Nagar District for an offence under Sections 447 and 504 rlw.34 lpC and Section 3 (1) (0 (s) 3 (2) (va) of SCs STs (POA) Act, 20,l5 NO:1 OF 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 all further proceedings in S.C. SpL No. 23 of 2025, on the file of Special Judge for Trial of Cases Under SCs and STs Act, 1989 -cum - ll Additional District and Sessions Judge, Mahaboob Nagar District for an offence under sections 447 and 504 rlw.34 tPC and Section 3 (1) (r) (s) 3 (2) (va) of SCs STs (POA) Act,2015 This Petition comrng on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri K Sai Babu ,Advocate for the Petitioners and Sri Jithender Rao Veeramalla, the Additional Public Prosecutor for the State of Telangana on behalf of the Respondent No. 1 The Court made the following: ORDER I I l i t; h l, I I I I I I a i .I l- THE HON'BLE SMT.JUSTICE TIRUMALA DEVI EADA 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 petitioners/accused Nos.1, 2 & 4 in S.C.Spl.No.23 ot 2025, on the file of the learned Special Judge for Trial of Cases under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 -cum- ll Additional District and Sessions Judge, Mahaboobnagar District, reglstered for the offences punishable under Sections 447 and 504 read with 34 of IPC and Sections 3(t XO(s) and 3(2)(va) of SCs & STs (POA) Act, 201 5.

2. Heard Sri K.Saibabu, learned counsel for the petitioners/accused Nos.1, 2 & 4 as well as Sri Jitender Rao Veeramalla, the learned Additional Public Prosecutor appearing for the respondent No.1- State.

3. Learned petitioners' counsel submits that the complaint itself does not disclose any specific overt acts against the petitioners herein and that there are no particulars with regard to the abuses hurled against the defacto complainant, which accused has abused 2 ETD) Cd.P.No.1i93i 2025 is also not mentioned in the complaint and even if that is believed to \ be true, the presence of any witnesses to the incident is also not mentioned in the complaint. Therefore, the ingredients of the alleged offences do not get attracted against the petitioners in this case. Learned counsel further submitted that there is delay of 1b days in filing the complaint. Hence prayed to quash the proceedings against the petitioners.

4. The learned Additional Public Prosecutor has submitted that the prosecution could examine the statements of eye witnesses which need to be tested during the course of trial. He further submitted that there are specific allegations in the complaint against the petitioners herein that they have trespassed into the land of the de facto complainant and have demolished the boundary stones. He therefore prayed to dismiss the petition.

5. Perused the record. The contents of the complaint point out the offences under Sections 447 and 504 read with 34 of lpC and Sections 3(tX0(s) and 3(2)(va) of SCs & STs (POA) Act,2o1S alleged against the petitioners and the prosecution could examine LWs 1 to 11 on its behalf. The veracity of the witnesses and the 3 ETD,J Crl.P.No.7393i 2025 truth or otherwise in the allegations shall be culled out after full- fledged trial.

6. A perusal of the record further reveals that accused Nos.1, 2 & \ 4 were called absent before the Trial Court on 17.1O.2O25 and the t I Trial Court has given one more chance for appearance of all the accused and for furnishing sureties conditionally and posted the matter to 18.11 .2025. It is made clear that the petitioners shall abide by the directions of the Trial Court and shall be present before the Trial Court whenever their appearance is required specificatly and shall cooperate with the Trial Court in compteting the proceedings during the course of trial.

7. ln view of the foregoing discussion and considering the facts and circumstances of the case, it is deemed appropriate to dispose of the Criminal Petition by dispensing with the attendance of the petitioners before the Trial Court.

8. Hence, the Criminal Petition is disposed of dispensing with the presence of the petitioners/accused Nos.1 , 2 & 4 before the Trial Court provided that the petitioners are represented through an Advocate on every date of hearing and that they shall be present 4 EfD,J C .P.No.13933_2025 before the Trial Court whenever their presence is specifically required during the course of trial.

9. Miscellaneous petitions pending, if any, shall stand closed. SD/. L. VIJAYA LAXMI ASSISTANT REGISTRAR G /,TRUE COPY// SECTION OFFICER To, '''1. Th" Special Judge forTrial of Cases Under SCs and STs Act' 1989 -cum - llAdditionalDistrictandSessionsJudge'MahaboobNagarDistrict-'...

2. The Station House Officer, gainagar Poiice Station. ,Mahaboob 3. Two CCs to the Puotic Fiosecutoi Hign Court of Telangana' Hyderabad a Lo"u"?c to sri. K sai Babu Advocate [oPUC] 5. Two CD CoPies nagar District' HIGH COURT DATED:2811012025 ORDER CRLP.No.13933 of 2025 1 l-15 :.. i,.;r ,, f, EEc ru5 ;, .) .. t. * CRIMINAL PETITION IS DISPOSED OF (+ SFET