Chowtapalli Duggi Raj Kiran, Vs The State of Telangana — Telangana HC (2025) — LawSathi Research

Chowtapalli Duggi Raj Kiran, Vs The State of Telangana — Telangana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dispensation of the petitioner's personal presence before the trial Court, conditional on representation by counsel on every hearing date and appearance whenever his presence is required during the course of trial; proceedings in C.C.No.1622 of 2025 were not quashed (the quashing petition being disposed of on these terms).

Issue for consideration

Whether the proceedings in C.C.No.1622 of 2025 (offence under Section 324(4) BNS, VII Additional Chief Judicial Magistrate, Nampally) should be quashed, on the petitioner's claims that the alleged incident (mud filled in a sump with water drawn away) never occurred, there are no witnesses, he is innocent, the allegations are false and the matter is purely civil in nature arising from internal disputes over portions of the property. +1 more

Court's answer

The Court held that, as the police had examined witnesses and recorded statements, observed the scene of offence, recorded the Panchanama, and L.Ws. 3 and 4 were stated to be witnesses to the scene, the veracity of the witnesses' statements and the truth or otherwise of the allegations needs to be tested during the course of trial; accordingly it deemed it appropriate to dispense with the petitioner's presence before the trial Court rather than quash the proceedings.

Ratio / Principle

The Criminal Petition was disposed of dispensing with the presence of the petitioner before the trial court, provided he is represented by a counsel before the trial court on every date of hearing and shall appear before the trial court whenever his presence is required during the course of trial; miscellaneous petitions, if any, stand closed.

Detailed headnote1 paragraphs

Criminal Petition No. 12940 of 2025, High Court for the State of Telangana at Hyderabad (Smt. Justice Tirumala Devi Eada, decided 07-10-2025): Petition under Section 528 of BNSS to quash proceedings in C.C.No.1622 of 2025 before the VII Additional Chief Judicial Magistrate, Nampally, Hyderabad, for the offence under Section 324(4) of the Bharatiya Nyaya Sanhita, 2023. Petitioner's counsel contended the alleged incident (filling of mud in a sump by drawing away the water) never occurred, there were no witnesses, internal disputes existed over occupied portions of the property, the matter was purely civil and the allegations false; the Additional Public Prosecutor maintained there was a prima facie case, the scene had been observed and a crime detail form prepared. The Court held that, as the police had examined witnesses and recorded statements, observed the scene, recorded the Panchanama and L.Ws. 3 and 4 were witnesses to the scene of offence, the veracity of the witnesses' statements and the truth of the allegations needed to be tested during trial. The petition was disposed of by dispensing with the petitioner's personal presence before the trial Court, on condition that he be represented by counsel on every date of hearing and appear whenever required during trial. Miscellaneous petitions, if any, closed.

IN THE HIGH COURT FOR THE STATE OF TELANGANA // AT HYDERABAD

TUESDAY, THE SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SMT JUSTICE TIRUMALA DEVI EADA

CRIMINAL PETITION NO: 12940 OF 2025

Between:

Chov(apalli Duggi Raj Kiran, S/o. Late Ramakrishna, Aged about 26 Years, Occ. Pvt. Employee, R/o. H.No.16-2-7541N7311 . APAU Colony, Gaddiannaram, Dilsukhanagar, Hyderabad.

...Petitioner/Accused

AND

1. The State of Telangana, Judicature at Hyderabad, Rep. by its Public Prosecutor

... Respondent-No.1

Chovutappli Satyanarayana,, Wo. Ch. Duggi Raju, Aged about 61^{Years, Occ.} Retd., Employee, R/o.H.No. 16-2-754lAn 5h, APAU Colony, Gaddiannaram, Dilsukhanagar, Hyderabad

...Respondent No.2/Defacto Complainant

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 Proceedings in C.C.No.'1622 of 2025 on the file of the Vll Additional Chief Judicial Magistrate at Nampally, Hyderabad^for the offence under Section 324 (a) of B.N.S.

l.A. NO: 2OF 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 of all Proceedings in C.C.No.1622 ot 2025 on the file^of the Vll Additional Chief Judicial Magistrate at Nampally, Hyderabad for the offence under Section 324⁽⁴⁾ of B.N.S.^pending disposal of the Criminal^Petition.

This Petition coming on for hearing, upon perusing I re Memorandum of Grounds of Criminal Petition and upon hearing the argurrr nts of Mr RAPOLU BHASKAR, Advocate for the Petitioner and Mr. JITHENDER RAO VEERAMALLA, the Additional Public Prosecutor on behalf rf Respondent No.1 and none appeared for the Respondent No.2.

The Court made the following: ORDER

THE HON'BLE SMT. JUSTICE TIRUMALA DEVIEADA cRt MINAL PETITION No.l2940 of 2025

ORDER:

This Criminal Petition is filed under Section 528 Bharatiya Nagarik Suraksha Sanhita, 2023 (tor short 'BNSS') to quash the proceedings in C.C.No.'1622 of 2025 on the file of Honble Vll Additional Chief Judicial [Vlagistrate at Nampally, Hyderabad for the offence under Section 324 (4) of Bharatiya Nyaya Sanhita, 2023 (for short'BNS').

Heard Mr. Rapolu Bhaskar, learned counsel for the petitioner and Mr. Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent No.1.

Learned counsel for the petitioner submits that no such alleged incident has occurred and that there are no witnesses to the alleged incident. He further submits that the petitioner is in no way concerned with the alleged filling of mud in the sump by drawing away the water. He also submits that the petitioner is innocent and is facing false allegations, and that the matter is purely civil in nature. He further submits that there are internal disputes regarding the portion of the property occupied by them.

2

L'fD, J Crl.l'12940 2025

He, therefore, prays that the proceedings against tlr : petitioner be quashed.

The learned Additional Public Prosecutor las submitted that there is a prima facie case against the petil oner and the police also observed the scene of offence and pr3 tared a crime detail form, which is to be tested during the trial^-le, therefore, prayed to dismiss the petition

5, Perused the record

The allegations in the complaint and the ecitals in the charge sheet reveal that the police have examine,l the witnesses and recorded their statements. According to the sr-[ mission of the learned Additional Public Prosecutor, they alsc observed the scene of offence, recorded the Panchanama, anrl LWs. 3 and 4 are witnesses to the scene of offence.

Therefore, the veracity of the statement oF the witnesses and also the truth or othenvise of the allegatiorr needs to be tested during the course of trial. Hence, this rl turt deems it appropriate to dispense with the presence of the p, ,titioner before the trial Court.

3

ETD, J Crl.P 12940 2025

B. Accordingly, this Criminal Petition^{is disposedof dispensing} with the presence of the^{petitioner beforethe trial court provided} that he is represented by a counsel^{before the trial court on every} date of hearing and shall appear^{beforethe trial court whenever} his presence is required during^{the course of trial.}

With the above discussion, this^{Criminal Petition is}

disposed of.

As a sequel, the miscellaneous^{petitions pending, if any,}

shall stand closed' '

sd/- Ahmed^AbdullaKhan SSISTANT^REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

l.TheVllAdditionalChiefJudicialMagiskateatNampally,Hyderabad. 2. The Station^{HouseOfficer, Malakpet Police Station' Hyderabad'} a i;"-Ca;^{to the pubticprosecutoi, High Courtfor the State of Telangana, at} Hyderabad. [OUT]

a oir" c-c to^{ur. nApoluBHASKAR, Advocate[OPUC]} 5 Two CD CoPies

4,

I

I

HIGH COURT

DATED: 0711012025

ORDER

CRLP.No.12940 ot 2025

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This Criminal Petition is Disposed of.

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