Kotharajeshwar, v. The State Of Telangana,

134441

IN THE HIGH COURT FORTHE STATE OF TELANGANAAT

HYDERABAD FRIDAY,THE THIRTY FIRST DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION NO: 14115 OF 2025 Between:

'l . KothaRajeshwar,, S/o KothaNarasaiah, Aged about 52 years, R/o. H.No.1-1 16, Aushapur, Ankushapur, K.V. Rangareddy, Ghatkesar, Telangana

2. Kotha bixapathi,, S/o KothaNarsaiah, Aged about 64 years, H.No. 4-18, Aushapur, Ankushapur, K.V. Rangareddy, Ghatkesar, Telangana District

3. Kotha Shobha,, Wo KothaRajeswar, Aged about 46 years, Rt/o. H.No.1-1 16, Aushapur, Ankushapur, K.V. Rangareddy, Ghatkesar, Telangana.

4. Kotha Vikram @ Vikas, S/o KothaBikshapathi, years, R/o. H.No.1-1 16, Aushapur, Ankushapur, K Ghatkesar, Telangana.

5. Kotha Shekhar,, S/o Kotha Krishna tVurthy, Aged about 57 years, R/o. H.No. 5-36, Aushapur, Opp. Masjid, Ankushapur, K.V. Rangareddy, Telangana District Aged about 35 .V. Rangareddy,.

...Petitioners/Accused No.2 to A-6

AND

1. The State of Telangana,, through Station House Officer, GhatkesarPolice station, Rachakonda, Rep. by Public Prosecutor, High Court at Telangana Respondent No.1

2. Amudhala Babitha,, D/o AmudhalaSivaraj, Aged about 25 years, R/o. H.No. 2-13, Aushapur Village, Ghatkesar Mandal, Medchal District.

...Respondent No.2/De-Facto Complainant

Petition under Section 528 of B.N.S.S praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, this Hon'ble Court may be pleased to quash the proceedings in PRC No. 09 of 2025, Dt. 16.08.2024 pending before The lst Addl. Junior Civil Judge-Cum-Vth Addl. Judicial Magistrate of. lst Class against the Petitioners/A-2 to A-6.

l.A. NO: 1OF 2025 Petition under Section 528 of B.N.S.S praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased pleased to stay of all further proceedings in PRC No. 09 of 2025, Dt. 16.08.2024 pending before The lst Addl. Junior Civil Judge-Cum-Vth Addl. Judicial Magistrate of lst Class against the PetitionersiA-2 to 4-6 . This Petition coming on for hearing,upon perusing the l\4emorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri P NARASIMHULU ,Advocate for the Petitioner/accused Nos. 2 to 6 and the Additional Public Prosecutor on behalf of the Respondent No.1.

l I The Court made the following: ORDER

THE HON'BLE SMT.JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.14'115 of 2025 ORDER:- 1.

This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 seeking the Court to quash the proceedings against the petitioners/accused Nos.2 to 6 in PRC.No.09 ot 2025, on the file of the learned I Additional Junior Civil Judge --cum- V Additional Judicial Magistrate of First Class, Medchal-Malkajgiri District, registered for the offences punishable under Sections 376(2)(n), 323, 493, 417, 420, 504, 506 and 509 of rPc.

2. Heard Sri P.Narasimhulu, learned counsel for the petitioners/accused Nos.2 to 6 as well as Sri Jitender Rao Veeramalla, the learned Additional Public Prosecutor appearing for the respondent No.1- State.

3.

Learned petitioners' counsel submits that the petitioners herein are the family members of accused No.1 and that they are falsely implicated in this case. He further submitted that accused No.1 and the 2nd respondent ide facfo complainant are in consensual relationship since 2020 and on the pretext that accused No.1 refused to marry the de facto complainant, the present complaint has been \t-- f

:

ETD,] Crl.P.No.14115 2025 .-( lodged and that the family members are no way concerned with the alleged relationship and that they never abused or threatened the de facfo complainant. He further pointed out that there is delay in lodging the complaint as when the alleged relationship existed since 2020, the complaint is lodged in the year 2024. He therefore prayed to quash the proceedings against the petitioners. 4.

The learned Additional Public Prosecutor has submitted that the complainant has stated in her complaint and also in the statement recorded under Section 161 Cr.P.C. that there were talks and negotiations till '16.08.2024 aller which she lost hope and the present complaint is lodged. Specific allegations are pointed out in the complaint as well as in the statement of LWl. He therefore l I prayed to dismiss the petition.

I I 5.

Perused the record. The contents of the complaint and the statement of LW1 do point out specific allegations against the petitioners herein that they abused the de facto complainant and further, they have used language which is objectionable and would cause loss to her reputation. Though it is alleged that it is a consensual relationship and that the petitioners are innocent, the truth or otherwise in the allegations shall fall for consideration during the course of trial before the Trial Court. Hence, it is deemed I l

ETD,J Crl.P.No.14115_2025 appropriate to dispose of the Criminal Petition by dispensing with the presence of the petitioners before the learned I Additional Junior Civil Judge -cum- V Additional Judicial Magistrate of First Class, Medchal-Malkajgiri District.

6.

Hence, the Criminal Petition is disposed of dispensing with the presence of the petitioners/accused Nos.2 to 6 before the learned I Additional Junior Civil Judge -cum- V Additional Judicial Magistrate of First Class, Medchal-Malkajgiri District, provided that the petitioners are represented through an Advocate on every date of hearing and that they shall be present before the said Court whenever their presence is specifically required. 7.

Miscellaneous petitions pending, if any, shall stand closed. \ SD/- S. MALLIKARJUNA RAO ASSISTANT REGISTRAR //TRUE coPY// 'ECTI.N oFFtcER To,

1. THE HONB'LE V ADDITIONAL METROPOLITAN MAGISTRATE .

CUM T'i AJCI,TTANLKAJGIRI-MEDCHAL DIST,UPPAL AT L.B NAGAR

2. THE SHO,GHATKESAR P'S, RACHAKONDA DIST.

5. On" CC to SRl. P NARASIMHULU , Advocate [OPUC] +. f*o CCs to PUBaIC PROSECUToR , High cou( for the state of Telangana , Advocate [OUT]

5. Two CD CoPies --fo RM/Sa df.9-

HIGH COURT DATED:31/1012025 .I HES t t 0 2 [[B ?r12 o -,,, -t *

ORDER

CRLP.No.14115 of 2025 DISPOSING OF THE CRIMINAL PETITION K) ul'f ze