The High Court · 2025

The State of Telangana, through S.H.O. Bomraspet Police Station, Vikarabad District, rep. by Public Prosecutor, High Court, Hyderabad' Ramavath Desya Naik, s/o Heerya Naik Aged about 45 years, occ Agriculture r/o Botloni Thanda of Bomraspet Mandal, Vikarabad District. ...ResPondentsiComPlainant 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 call for the records relating to the charge sheet in c.c No. '1 10 of 20iO on the file of the Judicial First Class Magistrate at Kodangal, and quash the proceedings thereon. l.A. NO: 2 OF 2025 Petition under Section 528 of BNSS praying that in the circumstances stated in the [Vlemorandum of Grounds of criminal Petition, the High court may be pleased to grant stay of all further proceedings including the appearance of the petitioner in C C No.1 10 of 2020 on the file of the Judicial First Class Magistrate at Kodangal, pending disposal of the Criminal Petition' This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of Ms ARUNA KALAVALA, Advocate for the Petitioner and Mr. JITHENDER RAO vEERAMALLA, the Additional Public Prosecutor on behalf of Respondent No.1 and none appeared for the Respondent No.2 The Court made the following: ORDER i I ! i I I I i i t I I I I I I I I 1 I I I i I I ; I l I I I l THE HON'BLE SMT. JUSTICE TIRUMALA DE\ 1 EADA CRIMINAL PETITION No.14064 of 202! ORDER: This criminal petition is filed seeking to quash tr : proceedings in C.C. No.'1 10 of 2O2O against the petitioner-accusr) I No.6 on the file of the Judicial IVagistrate of First Class, Kocli ngal, for the offences under Sections 143, 147, 148,324,504, 50lj read with ,l4g IPC

2. Heard [/s.Aruna Kalavala, learned counsel f'> the petitioner and Mr.Jithender Rao Veeramalla, learned Adc tional Public Prosecutor for the respondent No.1-State

3. Learned counsel for the petitioner has sutr nitted that the petitioner is accused No.6 and that the accused No.'l in the present case has lodged a complaint against the de faclo cont rlainant herein and others, which was registered as Crime No.76 o1 2025 as they beat the petitioner herein and others and they sut tained severe injuries. The present case is registered on the complzri rt given by the de facto complainant alleging that the petitioner he- rin and others have attacked a group of people including the de fact r complainant- respondent No.2 herein. Learned counsel further ;ubmitted that there is no specific overt act attributed to the petitior rer herein and =) 2 C4.P- No.11061ot 2OZs -..:,.:a: .. therefore, the proceedings against the petitioner may be quashed as he is suffering a lot and that his prospects of employment are at stake since the criminal proceedings are pending against him.

4. Learned Additional public prosecutor has submitted that the statements of the witnesses disclose that the petitioner herein along with a group of people have attacked the de facto complainant and others. LWs.1 to 5 are the injured witnesses and LW.B is the doctor, who treated the said injured people and that when a group of people attacked, no specific overt act can be alleged against each person and hence, he prayed to dismiss the petition.

5. Perused the record

6. The contents of the complaint and the statements of the witnesses point out the allegations against the petitioner attacking the de facto complainant and others. A perusal of the charge sheet also reveals that LWs.1 to 5 are the injured witnesses and LW.g is the doctor, who has issued medicar certificates. rt rs further reveared from the submission of the rearned counser for the petitioner that there are case and counter case filed against each other. The recitals of charge sheet also reveal that the present case is a counter case to Crime No.76 of 2020. Thus, when a case and counter cases J ETD,J Cd P. No.14061o12025 exists arising out the same incident, one case canr ot be quashed, while keeping the other case pending as per the prlr ciple laid down by the Apex Court in Punit Beriwala v. The State , rf Nct Of Delhi And Ors.l. Thus, in the facts and circumstances c'the case, it is deemed appropriate to dispose of the petition by 11 r'ecting the trial court to dispose of the matter at the earliest and disS ensrng with the attendance of the petitioner before the trial court. y'. Accordingly, the Criminal Petition is dispor ed of directing the trial court to dispose of the matter as expeditiot sly as possible and dispensing with the attendance of the petitioner before the trial court, provided he is represented by a counsel befc,r : the trial court on every date of hearing and shall appear befor: the trial court whenever his presence is required during the course rf trial. Miscellaneous Petitions pending, if any, shall s;l rnd closed 6v*l'ru.[s) f Y ,l2oz5 ,TRUE COPY// SD/. U.SUDHA ASI; STANT REGISTRAR G SECTION OFFICER The Judicial First class Magistrate at Kodangal, Viki rabad District. (call for Records) The Station House officer, Bomraspet (M) police static,r , Vikarabad District. Two CCs to the Public Prosecutor, High Court for the S iate of Telangana, at Hyderabad. [OUT] One CC to lr/s. ARUNA KALAVALA, Advocate tOpUCl Two CD Copies To, 1 2 a 4 )e 5 RC/PSL HIGH COURT DATED: 3011012025 ORDER CRLP.No.14064 of 2025 ...:-. EC2fffr .: .r: _.,..: ./;..':' / -l t-.lil ij \i. . \. 1 Disposing of the Criminal Petition qf, \\ \ vC