The High Court · 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 quash the FIR and all further proceedings in Crime No. 931/2025 of Raidurgam Police Station, Cyberabad Commissionerate dated 281812025, registered under Sections 329(3) and 324(4) of the Bharatiya Nyaya Sanhita (2023) (corresponding to Sections 448 and 506 IPC), as being false, fabricated, malicious, and an abuse of the process of law, the same having been lodged as a retaliatory counter-blast to the petitioners' bona-fide complaints before the Commissioner of Police, Cyberabad and the Economic Offences Wing (EOW) concerning the large-scale cheating and misappropriation of public funds committed by Syed Khajam Hussain and his associates through Sree Ramalingeswara Weaker Section Co-operative Housing Society Ltd., Regn. No. 27111980, which is already the subject of Crime No. 550/2022 of Raidurgam P.S. and C.C. No. 584/2023 before the Xlll A.J.M.F.C., Ranga Reddy District; and further declare that the present complainant is a third party with no locus standi to the petitioners' property and has been used merely as an instrument to restrain and silence the petitioners from pursuing their legitimate complaints; and to hold // /'/' that the alleged dispute pertains solely to the petitioners' I possession of property H.No. 1-60/3011911135, Anjaiah Na purchased through a notarised sale deed dated 10-06-2( Hussain for Rs.8,00,000/-; and consequently to set aside tl' investigation and pass such other order or direction as tl i deem fit and proper in the interest of justice and pass sucl may deem fit and proper in the circumstances of the case. rurfu I ownership and ar, Gachibowli, duly '1 1 from Syed lqbal -, impugned FIR and , Hon'ble Court may )ther order or orders t.A. NO: 2OF 2025 Petition under Section 528 of BNSS praying that l stated in the Memorandum of Grounds of Criminal Petition. :l pleased to stay all further proceedings and investigation in tl Raidurgam Police Station, Cyberabad Commissioneratr including any coercive action against the petitioners, and r police not to arrest or interfere with the petitioners' peace'i property bearing H No. 1-60/3011911135, Anjaiah Nagar, o lawfully purchased through a notarised sale deed dated '( lqbal Hussain, pending final hearing and disposal of this p: other order or direction as this Honble Court may deem interest of justice.and pass such other order or orders may c the circumstances of the case. r the circumstances e High Court may be ime No. 93112025 of daled 281812O25. irect the respondent I possession of their :chibowli, which was -06-2011 from Syed ition, and pass such it and proper in the -'em fit and proper in This Petition coming on for hearing, upon perusing Grounds of Criminal Petition and upon hearing the argum: PAVAN BABU G, Advocate for the Petitioner and Sri Jither the Additional Public Prosecutor on behalf of the Respo'r appeared for the Respondent No.2. :he Memorandum of rts of Sri SANTOSH ler Rao Veeramalla, lent No.1 and none The Court made the following: ORDER / THE HON'BLE SMT. JUSTICE TIRUMALA DEV! EADA CRIMINAL PETITION No.14516 ot2O25 ORDER: 1. This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') seeking the Court to quash the proceedings against the petitioners/accused Nos.1 & 2 in Crime No.931 of 2025, on the file of Raidurgam Police Station, Cyberabad District, registered for the offences punishable under Sections 329(3) and 324(4) of BNS, 2023.

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

3. Learned counsel for the petitioners has restricted his submission stating that a direction be issued to the Police to follow the procedure prescribed under Section 35 (3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').

4. On the other hand, the learned Additional Public Prosecutor has submifted that petitioner No.2/accused No.2 was already served with notice under Section 35 (3) of Bharatiya Nagarik Suraksha Sanhita, 2023 and therefore requested to pass appropriate orders. 2 ETDJ Crl P.No.14516 2025

5. Considering the submissions of both the learrr rd counsel and the material available on record, it is seen that he allegations levelled against the petitioners pertain to the r ffences under Sections 329(3) and 32ag) of BNS, 2023 and t re punishment prescribed for the offences alleged against the ptr tioners is less than seven (07) years. Since it is brought to the noti ;e of this Court that accused No.2 has already been served will notice under Section 35 (3) of BNSS, 2023, hence, without going into the merits of the case, this Court deems it appropriate to direr; the petitioners to appear before the lnvestigating Officer on or bei rre 01.12.2025 between 11:00 a.m. and 05:00 p.m. and in turn, lle lnvestigating Officer is directed to follow the procedure laid down tr rder Section 35 (3) of the BNSS (previously Section 41-A of Crirr nal procedure Code, 1973) and also the guidelines formulated ,y the Hon,ble Supreme Court of lndia in Arnesh Kumar y. {ir ate of Biharl scrupulously. However, the petitioners shall submit th rir defense and co-operate with the lnvestigating Officer as and wh:n required by furnishing information and producing all relevant dor;r ments/material required for the purpose of investigation and the lnvr-. ;tigating Officer shall consider the same and complete the investig rtion strictly in accordance with law. I lzor+; a scc zzs 3 ErOJ Crl.P.No.14516 Z)2S

6. Accordingly, the Criminal Petition is disposed of.

7. As a sequel, miscellaneous petitions pending, if any, shall stand closed. sD/-v. KAy DEPUry RE€ISTRAR A /ffRUE COPY// CTION OFFICER To,

1. The Xlll Addl. Judicial Magistrate of First Class, Ranga Reddy District at Rajendranagar.

2. The Station House Officer, Police Station, Raidurgam, Cyberabad Commissionerate

3. Two CCs to the PUBLIC PROSECUTOR, High Court at Hyderabad. (OUT) 4. One CC to SRI SANTOSH PAVAN BABU G Advocate [OPUCI 5. Two CD Copies TPK,/PSL i i I I I i HIGH COURT DATED:1011112025 :.' S14 It o() 1[ N 2J2E * e c-',1 c'\ r-:. ORDER CRLP.N o.14516 of 2025 CRIMINAL PETITION IS DISPOS}ED OF q \\