The High Court · 2025

1. The State of Telangana,, through Public Prosecutor, High Court of Judicature for the State of Telangana at Hyderabad.

2. P. Suresh,, S/o. Not Known, Age. Major Occ. Sub-lnspector of Police Rl/o. Hyathnagar, P.S.Hyathnagar Rachakonda Commissionarate Ranga Reddy District. ...RESPONDENTS /COMPLAINANTS 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 proceedings C.C.No. 358 oI 2024, on the file of XIV Addl. Metropolitan Magistrate, Cyberabad, Ranga Reddy District. At. Hyathnagar, as against the petitioner/A.3 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 including the appearance of the petitioner/Accused No. 3, herein in C.C.No. 358 ol 2024, on the file of XIV Addl. Metropolitan Magistrate, Cyberabad, Ranga Reddy District. At. Hyathnagar pending final disposal of the Present Criminal Petition This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri S SOMESHWAR RAO, Advocate for the petitioner and Sri Jithender Rao Veeramalla, Addl. Public Prosecutor on behalf of the Respondent No.1 . The Court made the following: ORDER THE HON'BLE SMT. JUSTICE TTRUMALA DEVI EADA 1 @: This criminal Petition is filed under section 528 . ofBharatiya Nagarik Suraksha Sanhita, 2A23 (for short 'BNSS') to quash the proceedings against the petitioner/accused No.3 in C.C.No.358 of 2024 on the file of the learned XIV Additional Metropolitan Magistrate, Cyberabad Commissionerate, registered for the offences punishabte under Sections 419 and 42O of the lndian Penal code, 1860 (for short 'lPC') and Section B of the Telangana State Public Examinations (Prevention of Malpractice and Unfair Means) Act, 1997 (for short'the Act')

2. Heard Sri S.Someshwar Rao, learned counsel appearing on behalf of the petitioner and sri Jithedner Rao Veeramalla, learned Additional Public Prosecutor appearing on behalf of respondent No.1-State.

3. The brief facts of the case are that respondent No.2- Sub inspector of Police lodged a complaint against the petitioner and other accused stating that on receipt of credible !-\ -*I 7 ETD, J Crl.P 14057 2025 information that some persons were present in Venkateshwara Lodge in Room No.206, Hayathnagar to attend the Abroad English eualifying Exam and cheating the DUOLINGO Online Exam by taking the money, he along with his staff went to the spot and found seven members. On enquiry, they revealed that accused Nos.4 and 5 are preparing to go to their higher studies in small Universities in USA. For that, they want English language skills for DUOLINGO Exam Online. They have completed Reading, Listening and Speaking, but they have given only Rs,S,000/_ to each one for Writing in Speed and cheating by attending another Writing exam in speed instead of DUOLINGO Exam Online. Later, respondent No.2 seized 5 Laptops, 7 Smart Cell Phones and 4 Passports from them through concession-cum_ seizure panchanama. Basing on the said complaint, a case in Crime No.182 ot 2024 was registered for the offences punishable under Sections 4'lg and 420 ot lpC and Section g of the Act. After completion of investigation, the police filed charge sheet, vide C.C.No.3S8 of 2024, before the learned -t 3 ETD, J Crl.P 14057 2025 XIV Additional Metropolitan Magistrate, Cyberabad Commissionerate.

4. Learned counsel for the petitioner submitted that the allegations leveled against the petitioner do not constitute any offence as alleged by respondent No.2. He further submitted that a perusal of the charge sheet would reveal that accused No.1 committed the alleged offence but not the petitioner, at the time of offence the petitioner was present at the scene of offence, as such, the petitioner was implicated in this case. Further, the petitioner was nothing to do with the said examination. He further submitted that accused Nos.4 and 5 has taken the help of the petitioner, except that there are no other specific allegations against him. Therefore, he prayed the Court to quash the proceedings against the petitioner.

5. On the other hand, learned Additional Public Prosecutor subrhitted that that the presence of the petitioner was cleady found by the Police at the scene of offence. He further submitted the petitioner was taken into custody as he was attending the said test on behalf of the other accused and the 4 ETD, J Crl.P 14057 2025 same requires trial. Hence, prayed the Court to dismiss the Criminal Petition.

6. For better appreciation of the facts of the case, it is apt to refer Sections 2(e) and 8 of the Act which reads as follows: "Secfions 2(e) of the Act: Public Examination means any examination either qualifying or competitive conducted by the Government or any other authority or body or any University under any Law for the time being in force for awarding or granting any Degree, Diploma Certificate or any other academic distinction or for qualifying for admission into any course of study or for selecting for appointment or regularization or promotion to any post in public service and includes any other examination declared by the Government by Notification to be a public examination. Secfion I of the Act: Whoever contravenes or aftempts or conspires to contravene or abets the contravention of the provisions of Section 3 or Section 4 or Section 5 or Secfion 6 or Section 7 5 (or Section 7A) shall be punishable with imprisonment for a term which shall not be /ess fhan three years."

7. ln the present case, the said test is not conducted by the University, as such; it does not come under the category of Public Examination. Further, it is evident that the petitioner was not attending the test and he was present at the scene of \ _-, -"- 5 ETD, J CrLP_14057 _2025 offence for helping accused Nos.4 and 5, who are appearing for the said test on 19.02.2024. 9 As per the prosecution, the petitioner is an aspirant student who wishes to pursue higher studies in foreign universities, which requires English Language Skill and accused Nos.4 and 5 are not merit enough to attend the English Proficiency test in Duolingo. As such, accused Nos.4 and 5 gave an amount of Rs.5,000/- (Rupees five thousand only) each to the petitioner and the other accused for completing the said test on their behalf. Accordingly, at the stage of type writing skill test, accused No.1 completed the said test with another Bluetooth connected key board instead of accused Nos.4 and 5 and committed cheating in attending , I the said test in Duolingo by giving money to the petitioner and """rr"d, whereas, the documents filed by the petitioner shows that he already attended the said test and his results were released. Admittedly, there is no material evidence to show the petitioner attended the said test on behalf of accused Nos.4 and 5. The record further reveals that a co- ordinate Bench of this Court has quashed the proceedings j t !--\ '*1I 6 ETD, J Crl.P 14057 2025 against accused Nos.1, 2, 4, 5, 6 and 7. Hence, in view of the facts and circumstances of the case, this Court is of considered opinion that continuation of proceedings against the petitioner is nothing but abuse of process of law.

9. Accordingly, the Criminal Petition is allowed and the proceedings against the petitioners/accused No.3 in C.C.No.358 of 2024 on the file of the learned XIV Additional Metropolitan Magistrate, Cyberabad Commissionerate, are hereby quashed.

10. As a sequel, the miscellaneous petitions pending, if any' shall stand closed. Sd,. L. VIJAYA LAXMI SISTANT REGISTRAR A //TRUE COPYII SECTION OFFICER To, Hyderabad.

1. The XlVAddl. Metropolitan Magistrate, Cyberabad, Ranga Reddy District at 2. The SHO, PS Hayathnagar, Rachakonda Commissionerate. 3. One CC to SRl. S SOMESHWAR RAO Advocate [OPUC] 4. Two CCs to the Public Prosecutor, High courtforthe state of Telangana, at 5. Two CD Copies GE/PR Hyderabad [OUT] w HIGH COURT DATED:30/10/2025 ORDER CRLP.No.i4057 of 2025 ALLOWING THE CRLP WITHOUT COSTS (r- \o L, 2-5 ,f---:--i:_-- . ;ri; S ir1; .:) ti\ 02 !Et * oe:So1,y6i i i.' '-