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2025 DIGILAW 853 (TS)

M. A. Rahman v. The State of Telagana

2025-06-10

N.TUKARAMJI

body2025
ORDER : N.TUKARAMJI, J. 1. This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS, 2023’) seeking quashment of the proceedings against the petitioners in Crime No.85 of 2025 of Bowenpally Police Station, Hyderabad. 2. The petitioners are arrayed as accused persons in Crime No.85 of 2025 registered for the offences punishable under Sections 329(4), 305, 331(1), 331(3), 351(2), 351(3)of BNS, 2023. 3. Heard Mr. G.V.S. Prasad Rao, learned counsel for the petitioners and Mr. Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for respondent No.1-State. 4. The prosecution case against the petitioners is that the accused have broke open the godown lock and removed the existing machines and motors, which were purchased by the complainant and on 07.08.2024 the complainant came to know that the accused persons along with their henchmen sold the components of the machines and motors to third party, that apart, on 13.08.2024 the accused along with their henchmen trespassed into the property and unlocked and removed the material of complainant’s customers, thus, caused financial loss. Accordingly, the complainant lodged a private complaint before the Magistrate and the same was referred to Police under Section 156(3) Cr.P.C. 5. Learned counsel for the petitioners submits that the petitioners and the de-facto complainant are relatives and civil disputes are existing between them apart from legal proceedings before the Civil Court, thus, only to harass them, the present complaint has been foisted after lapse of a considerable period. 6. Learned Additional Public Prosecutor submits that there are allegations specifically referring to certain dates against the petitioners and the investigation is under progress. 7. I have perused the materials on record. 8. 6. Learned Additional Public Prosecutor submits that there are allegations specifically referring to certain dates against the petitioners and the investigation is under progress. 7. I have perused the materials on record. 8. Having regard to the averments in the complaint in considering the alleged date of occurrence and filing a complaint, the relationship between the parties, the depth of allegations against the petitioners and except the alleged offence under Section 331(3) of BNS, 2023, rest of the accusations are punishable with an imprisonment upto seven years and also the readiness of the petitioners to co-operate with the investigation, without entering into merits and keeping all prerogatives of the investigation open, directing the petitioners to appear before the Investigating Officer by 17.06.2025, whereupon, the Investigating Officer is directed to issue notice on the petitioners under Section 35 (3) of BNSS, 2023 in Crime No.85 of 2025 and take up further proceedings as per the guidelines of Arnesh Kumar vs. State of Bihar, (2014) 8 SCC 273 scrupulously. The petitioners may submit their explanation, for consideration in the investigation and inconcluding the complicity. In unison, petitioners are directed to cooperate with the investigation. 9. With this direction, this Criminal Petition is disposed of. Pending miscellaneous applications, if any, shall stand closed.