The High Court · 2025

1. The State of Telangana, Rep. by its Public Prosecutor, High Court of Telangana, Hyderabad.

2. Shaik moinuddin, S/o shaik hussain Age. 41 yrs, Occ. Retired Employee R/o H. No. 1 4-8-121, Warangal, Nizampura,Warangal,Telangana. ...RESPONDENT/ DEFACTO COMPLAINANT ...STATE/RESPONDENT 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^lh9_q1o_ce9dlngs in Crime no.139t2024, on- tne file potic" lnthezargunj U/s 290,323,324,RM 34 including their appearance, till the pending disposal of the main Criminal petition. t.A. NO: 2 0F 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 stay olSf further proceedings in Crime no. 13gt2024,6n the file police lnthezargunj U/s 290,323,324,RtW 34 including their appearance, till the pending disposal of the main Criminal petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri SyED KHAMRUDDIN ,AdVOCAIE for the Petitioner and JITHENDER RAo VEERAMALLA, Additional Public Prosecutor on behalf of the Respondent No.1 and None Appeared for the Respondent No.2 The Court made the following: ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE J.SREENTVAS RAO CRIMTN PETITION No.1 of2025 Date: I 12.2025 Between: Mr.Shaik Mansoor Ahmed and seven others AND Petitioners The State of Telangana Rep. by its Public Prosecutor, High Court of Telangana, Hyderabad and another Respondents ORDER This Criminal Petition has been filed seeking to quash the proceedings in Crime No.139 of 2024 on the file of lnthezargunj Potice Station, wherein the petitioners were arrayed as accused Nos.l to 8 for the offences punishable under Sections 290,323 and324 rlw 34 of the Indian Penal code, 1860 (for short 'IPC',).

2. Heard sri Syed Khamruddin, learned counsel for the petitioners and Sri Veeramalla Jithendar Rao, learned Additional Pubtic Prosecutor for respondent No.1 2

3. Learned counsel for the petitioners submitted that the petitioners have not committed any offence and that they have been falsely irnplicated in the present crime. Even according to the allegations made in the complaint, the nature of the allegations pertains to mon etary disputes and the respondent No.2 ought to have approached the competent civil court. Respondent No.2 has sustained only minor injuries. Even the ingredients of the offences under Sections 290, 323 and, 324 read with Section 34 of the lpc are not attracted against the petitioners. Hence, continuation of the proceedings against the petitioners is a clear abuse of the process of law.

4. Per contra, learned Additional public prosecutor submitted that the Investigating officer had already issued notice under Section 4l-A of the code of criminal procedure, lg73 (for short, 'cr.P.c.') / Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'BNSS') to accused Nos.2 to 8 on 29.07.2025. In spite of the same, they have not submitted any reply. Insofar as accused No.l is concerned, Loc against him was issued on 06. ll.20zs.He funher submitted that, based on the rqe{ical records of the respondent No.2/defacto / i i ': 3 complainant, Section326 of the IPC has also been added. Hence, the petitioners are not entitled to seek quashing of the proceedings at this stage

5. Having considered the rival submissions made by the respective parties and upon perusal of the material available on record, inctuding the written instructions placed by the learned Additional Public Prosecutor dated 10.12.2025, it reveals that the Investigating Officer had already issued notices under Section 4l-A of the Cr.P.C. /Section 35(3) of the BNSS to accused Nos.2 to 8 on 29.07 .2025.

6. Taking into consideration of the same, petitioner Nos.2 to 8/accused Nos.2 to 8 are directed to submit reply/explanation along with the documents, which are available with them, to the Investigating O fficer.

7. By virtue of issuance of LOC against petitioner No.l/accused No.l, this Court is not inclined to quash the proceedings against him at this stage. 8 of. With the above findings, the criminal petition is disposed "l I t, - - I I I I :il i: j I i j' i j ; : To, 4 Pending miscellaneous applications, if any, shail stand closed. //TRUE COPY// SD/- P. PONNA KRISHNA ASSISTANT REGISTRAR 1 \ \ OFFICER

1. The I Additional Judicial First Class Magistrate At Warangal. 2. The Station House Officer, lnthezargunj Police Station, Warangal District. 3. Two CCs to the PUBLIC PROSECUTOR, High Court for the State of Telangana [OUT]

4. One CC to SRl. SYED KHAMRUDDIN Advocate [OPUC] 5. Two CD Copies DDN/NVB \+ / S c o 1 g SEI ?i'?5 -* $: HIGH COURT DATED t1211212025 I I I I ! i i I I I i I ! I i I I I I I ORDER CRLP.No.16539 of 2025 DISPOSING OF THE CRIMINAL PETITION .pe'\ s S6,r