✦ High Court of India · 30 Dec 2025

The High Court · 2025

Case Details High Court of India · 30 Dec 2025
Court
High Court of India
Decided
30 Dec 2025
Length
1,028 words

The State of Telangana, Rep. by its Public Prosecutor, High Court of Telangana at Hyderabad. Thottadi Simhadri Naidu, S/o late Sunder Narayana' ASgd ?9 years' Occu' eijiin.is. Cisie. Kapu, illo Flat No.101 , Chersima Height, Vishnupun Coioni, li"Sarar, Kbeiara Mandal, Medchal-Malkaigiri Distrtct ...Respondents/Defacto Complainant Petition under Sec'tion 528 of BNSS praying that in the circumstances StatedintheMemorandumofGroundsofCriminalPetition,theHighCourtmayb-e pleased to Call for the records pertaining to the Charge Sheet dated 06'02'2025' iitr_,0 in C.C.No.3.l9 of 2025, on ihe file of the l1 Additional Junior Civil Judge-cunr- lll Additional Judicial Magistrate of First Class at Malkalgiri' Telangana .State, under Sections 1 1 5(1), 35i(2) and 352 of BNS' 2023, against the Accused 1 to 3 / PetitionershereinandquashtheSarneagainstthePetillonerslto5iAccuseo Nos.1 to 5 herein. l.A. NO:1OF 2025 PetitionunderSection52SofBNSSprayingthalillthecircumstances stated in the Memorandum of Grounds of criminal'Petition, re High court Tay q: pieaseO to Stay all turtfrer pioceedings in C'C'No'3.19 of 20: 5' 6n the file oJ the lll -Additional Judicial Ma1; strate of First.Class at hJaitionat Juni-or Civrl Judge-cum-lll rrrlir"igiil, Telangana StatL, under Sections 115(1)' 351(2) I nd 352 of BNS' 2023' pending disposal of the above Criminal Petition' This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the argum: lts of Sri Kondaparthi Srinivasa. Advocate for the Petitioner and Sri Jitherrr er Rao Veeramalla' Additional Public Prosecutor on behalf of the Respondent N ( 1 The Court made the following: ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE SMT.JUSTICE TIRUMALA DEVIEADA CRIMI NAL PET Tro No. 7675 ol 025 Date:}0.12.2025 Between: Thoftadi Ranjitha and 4 others ... Petitioners/Accused Nos..l to 5 And state of relangana, I:e !V the Pubtic prosecutor, High Court for the State of Telangana, Hyderabad and another. ORDER: Respondents This Criminal petition is filed by the petitioners-accused Nos.1 to 5 seeking to quash the proceedings in C.C. No.319 of 2025 on the fite of llt Additional Junior Civit judge cum ilt Additionat Judicial Magistrate of First Class at Matkajgiri, Telangana, registered for the offences under Sections 115(1), 351(2) and 352 of BNS.

2. Heard Sri Kondaparthi Srinivasa, learned counsel for the petitioners and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor for the respondent No.1_State. 2

3. Learned counsel for the petitioners h:r , submitted that there is no iota of truth in the allegations m€ Ce against the petitioners in the complaint and that the petiti() ters are facing false allegations. He further submitted that the c :titioners never abused nor has beaten the de fact, complainart at any poirit Of time and that the petitioner No.'l has lodged cc,r rplaints earlier, but that were not registered by the police, howev: , the complaint frled by the de facto complainant is registered anrl investigated by the police, which is filed as a counter blast to th,: complaint filed by the petitioner No.1 and hence, prayed:o quash the proceedings against the petitioners.

4. Learned Additional Public Prosecutor has submitted that the prosecution could examine the eye-witnes!; and also has I l l collected the injury certificate issued by the doctor which proves the ofiences as against the petitioners herein. He therefore, prayed to dismiss the petition.

5. Perused the record

6. The recitals of the charge sheet poir : out specific allegations against the petitioners for the offences r nder Sections '115(1), 351(2) and 352 of BNS The statement of I W.7 discloses 3 the occurrence of the alleged incident. The truth or otherwise in the allegations and the veracity of these witnesses need to be tested during the course of trial. LW.10 is the doctor, who treated LW.1 and issued the injury certificate. The strength of the medical evidence also needs to be tested during the course of trial. Hence, it is not a fit case to quash the proceedings against the petitioners at this stage. However, this Court deems it appropriate to dispose of the petition by dispensing with the attendance of the petitioners before the trial court. T 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 they shall be present before the trial court as and when their Presence is required during the course of trial. Miscellaneous Petitions pending, if any, shall sland closed. I l I : \ To, //TRUE COPY// SD/. P.C. SULEK AS SISTANT EVI ISTRAR ECTION OFFICER Magistrate of First

1. The lll Addl. Junior Civil Judge-cum -lll Addl. J Class at li/alkajgiri. Malkajgiri. The lll Additronal Metropolitan Magistrate, Medch a The Station House Officer, Keesara Police'Station, Rachakonda. Two CCs to the Public Prosecutor, High Court for the state of Telangana, at Hyderabad. [OUT] One CC to Sri Kondaparthi Srinivasa, Advocate IOPUC] Two CD Copres a 2 4 E 6 Svs/Sa HIGH COURT DATED:30 t1212025 I ORDER CRLP.No.17675 ot 20ZS t'o . t'HE s4;.;. t o tr:l ?0?6 z * ( \ - : :;:=a-j '' ; i I i ! I I i I ! I I I i ! I I i I I I I DISPOSING OF THE CRLP J<s Sf".fz e

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