The High Court · 2025

2. Smt. Nemali Shamantha, Wo Anjiahiah, Aged about 31 years, Occ. Cooli, R/o. Munimoksham Village, Hanwada Mandal, Mahabubnagar - 509334 ...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 call for the records relating to CC No. 431 of 2025 dated 15.08.2025 on the file of Special Judicial Magistrate of First Class for Trial of Cases under Prohibition and Excise Act cum ll Additional Junior Civil Judge, Mahabubnagar, and quash the same against the petitioners and pass such other order or orders may deem fit and proper in the circumstances of the case. l.A. NO: 1 OF 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 grant stay all further proceedings in CC No. 431 ot 2025 dated 15.08.2025 on the file of Special Judicial Magistrate of First Class for Trial of Cases under Prohibition and Excise Act cum ll Additional Junior Civil Judge, Mahabubnagar including the apperance of the petitioner pending disposal of above Criminal Petition and pass such other order or orders may deem fit and proper in the circumstances of the case. I I I This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal petition and upon hearing the arguments of sri V.V.Ramana, Advocate for the petitioner and sri Jithender Rao Veeramalla, Additional Public Prosecutor, High court for the state of relangana, Hyderabad on behalf of the Respondent No.1/ State. The Court made the following: ORDER: THE HON'BLE SMT. JUST]CE TIRUMALA DEVI EADA CRIMINAL PETITION No.14130 0F 2025 ORDER: This Criminal Petition is filed by the petitioners-accused Nos.1 and 2 seeking to quash the proceedings against them in C.C.No.431 of 2025 on the file of tearned Special Judicial Magistrate of First Class for Trial of Cases under Prohibition and Excise Act-cum-ll Additional Junior Civil Judge, Mahabubnagar, registered for the offences under Sections 118(1), 1 1S(2) and 352 read with 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS',).

2. Heard Sri V.V. Ramana, learned counsel for the petitioners and Sri Jithender Rao Veeramalla, learned Additional public Prosecutor for respondent No. 'l-State.

3. Learned counsel for the petitioners submifted that the petitioners never beat respondent No.2-de faclo complainant at any point of time and that the petitioners are facing false allegations in the hands of the de facto complainant. He further submitted that earlier, the petitioner No.1 has lodged a complaint before the police, but the police have not registered his case and nqvgjhe present complaint has been registered against him based \ "F;?'j on the complaint given by the de facto comptainant. Thus, the crr.p.No.r4r3, 2 police are hand-in-glove with the de facto complainant. He further submitted that the injury certificate produced in this case is dated .19.08.2025 and the same is false, as the alleged incident is stated to have occurred on 19.05.202s. That itself shows the falsity of the case. He further submitted that though petitioner No.1 sustained injuries in the said incident, no case was registered based on his complaint and that he approached the Human Rights commission. He, therefore, prayed to quash the proceedings in the present c.c. against the petitioners herein.

4. Learned Additionar public prosecutor submitted that the statements of the witnesses were recorded during the course of investigation, which point out the allegations against the petitioners herein. The petitioners herein have filed a private complaint, which was referred for investigation and the investigation is under way. He further submitted that LWs.3 to 5 are listed as eye-witnesses and that the police have collected Medical certificate issued by the doctor, who treated LWs.1 and 2. He, therefore, prayed to dismiss the criminal petition.

5. Perused the record.

6. The allegations point out that the petitioners are in 3 DTD.J Crl.P.No.l4ll0 of2025 acquaintance with the de facto complainant and they belong to the same Town. ln the course of their acquaintance, lhe de facto complainant has borrowed money from petitioner No.1 and later, she repaid it. However, on 19.05.2025 at about 15:00 hours, while the de facto complainant was at her house, the petitioners went there and quarrelled with her demanding repayment of the loan amount. When the de facto complainant replied that she had already repaid the amount, they grew angry, abused her in filthy language and petitioner No.1 beat her causing swelling injuries on her back and right hand. Thus, the allegations pima facie point out the offenqel alleged against the petitioners herein. LWs.3 to 5 are listed as eye-witnesses. LW.8 is the doctor, who treated LWs.'l and 2 and issued injury certificates. Further, it is to be noted that the private complaint filed by petitioner No.1 herein also refers to the alleged incident, which occurred on 19.05.2025 between the de facfo complainant and the petitioners herein. Therefore, the truth or veracity of the witnesses needs to be tested during the course of trial. Hence, it is deenred appropriate to dispense with the attendance of the petitioners before the trial Court I I 4 ETD,J Crl.P.No.l4l30 of 2025

7. Accordingly, the Criminal Petition is disposed of dispensing with the attendance of the petitioners before the trial court provided they are represented by a counsel before the trial Court on every date of hearing and shall appear before the trial court whenever their presence is required during the course of trial. Miscellaneous Petitions pending, if any, shall stand closed \ //TRUE COPY// SD/- S.MALLIKARJUNA RAO ASSISTANT REGTSTRAR SECTION OFFICER To,

1. The Special Judicial Magistrate of First Class for Trial of Cases under Prohibition and Excise Att cum il Additionar Junior civilJudgL, Mahabubnagar

2. The Station House Officer, Hanwada Police Station, Mahabubnagar District. 3. One CC to Sri. V.V.Ramana, Advocate [OpUC] 4. one cc to.the P_ublic Prosecutor, High court for the state of relangana, Hyderabad [OUT] 5. Two CD Copies. (A- PSK /PSL l \ / HIGH COURT DATED i2111112025 ORDER CRLP.N o.14130 of 2025 :r'i rij:-:Lri rJ.t _.t. t, ,', 2 0 Eir iil?I (.( 1' f,':,;;',1 ,.-.,..,r'-':-) DISPOSED OF THE CRIMINAL PETITION ? /- \o .t)