Dismissed¶44

Gone Rajaiah v. The State of Telanana

Telangana HC12 Jun 2025CRLP/6893/2025

Case brief

AI extract

What is this about?

Telangana High Court, Hyderabad; CRLP No. 6893 of 2025; Justice N. Tukaramji; decided 12-06-2025; Section 528 BNSS 2023 quash petition; C.C. No. 2134 of 2024, Principal Judicial Magistrate of First Class, Warangal; accused Nos. 1 and 2 Gone Rajaiah and Gone Dayakar; complainant/respondent Gone Srinu; Geesugonda Police Station; withdrawal of petition with liberty to file fresh application; dismissed as withdrawn; miscellaneous applications closed; no merits decided; no precedent discussed; interim stay application I.A. No. 2 of 2025.

What did the court decide?

Dismissal of the Criminal Petition as withdrawn with liberty to file a fresh application if the cause survives; no relief granted on the quash prayer. ¶44

Gone Rajaiah Vs The State of Telanana — Telangana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissal of the Criminal Petition as withdrawn with liberty to file a fresh application if the cause survives; no relief granted on the quash prayer.

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Issue for consideration

Whether the proceedings in C.C. No. 2134 of 2024 on the file of the Principal Judicial Magistrate of First Class, Warangal, against the petitioners/Accused Nos. 1 and 2 should be quashed under Section 528 of the BNSS, 2023 (the Court ultimately did not decide this on merits, as the petition was permitted to be withdrawn).

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Ratio / Principle

Permission is accorded to the petitioners to withdraw the Criminal Petition with liberty to file a fresh application if the cause survives.

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Key takeaways

The Criminal Petition is dismissed as withdrawn, granting the liberty sought by the petitioners.ratio¶27
As a sequel, pending miscellaneous applications, if any, shall stand closed.ratio¶29

Detailed headnote1 paragraphs

Criminal Petition No. 6893 of 2025, filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, sought quashment of proceedings in C.C. No. 2134 of 2024 on the file of the Principal Judicial Magistrate of First Class, Warangal, against the petitioners/Gone Rajaiah and Gone Dayakar (Accused Nos. 1 and 2), with a connected application (I.A. No. 2 of 2025) for stay of those proceedings including their appearance. An interlocutory application of 2025 in the matter is recorded. At hearing, learned counsel for the petitioners, on instructions, sought permission to withdraw the Criminal Petition with liberty to file a fresh application if the cause survives; none appeared for Respondent No.2 (complainant Gone Srinu), and the Additional Public Prosecutor appeared for the State. The High Court for the State of Telangana (N. Tukaramji, J.) accorded permission and, by order dated 12 June 2025, dismissed the Criminal Petition as withdrawn granting liberty as sought, with all pending miscellaneous applications standing closed. The quash prayer was not adjudicated on merits and no precedent was considered.

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t3217l

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IN THE HIGH COURT FOR^THE STATE^{OF TELANGANA} AT HYDERABAD

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THURSDAY, THE TWELFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE N.TUKARAMJI

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CRIMINAL PETITION NO: 6893 OF 2025

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Between:

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Gone Rajaiah, S/o- Komuraiah Aged 46^years, Occ. Agriculture R/o. Gangadevipally village, Geesugonda Mandal Warangal District

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2 Gone Dayakar, S/o. Rajaiah Aged 24 years, Occ.^privatejob, Rio. h No.^1- 93/A Gangadevipally village, Geesugonda Mandal Warangal District.

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... Petitioner/Accused No.1 & 2.

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AND

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1 The State of Telanana, Rep. by Public Prosecutor High Court at Hyderabad for the State of Telangana

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2 Gone Srinu, S/o. Komuraiah Aged 56^years, Occ. Agriculture^R/o. Gangadevipally village, Geesugonda Mandal, Warangal District

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... Res ponde nUCo m^pla in ant

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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. 2134 of 2024 on the file of the Principal Judicial Magistrate of First Class at Warangal against the^petitioners/ accused No.1 and 2.

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l.A. NO: 2OF 2025

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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 all further^proceedings in C.C. No.2134 ol 2024 on the^{file of} court of the Principal Judicial Magistrate of First Class at Warangal^{including the} appearance of the^petitioners/ accused Nos.'1 and 2 ,^{pending disposal of the} above criminal^petition.

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This Petition coming on for hearing, upon^perusing the Memorandum^of Grounds of Criminal Petition and upon hearing the arguments of Sri Ajay^Kumar Madisetty, Advocate for the Petitioners and the Sri Jithender Rao^Veeramalla, Additional Public Prosecutor on behalf of the Respondent No. and^none appeared for the Respondent No.2.

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The Court made the following: ORDER

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THE HONOURABLE SRI JUSTICE^N.TUKARAMJI

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CRIMINAL PETITION No.6893^{OF 2025}

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ORDER:

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This Criminal Petition is filed under^{Section 528 of} Bharatiya Nagarik Suraksha Sanhita,^{2023 (for short} IN tsNSS, 2023') seeking quashment^{of the proceedings} C.C.No.2134 of 2024 on the file of^{Principal Judicial} Magistrate of First Class,^{Warangal, againstthe petitioners.}

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Mr.M.r\jay Kumar, learned counsel^{for the petitioners,} on instructions, seeks^{permissionof this Court to withdrau'} the Criminal Petition with liberty^{to I-rle fresh application} if the cause survives.

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Permission is accorded

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Accordingly, the Criminal Petition is^{dismissed as} withdrawn granting liberty as sought^for.

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As a sequel, pending miscellaneous^{applications,}

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if any, shall stand closed.

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SD/. MOHD.ISMAIL DEPUW REGISTRAR

//TRUE COPY//

/l U SECTION OFFICER

To,

The Principal Judicial First Class Megistrate Warangal.

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The Station House Officer, Geesgonda Police station, Waran al District. 3. Two CCs to the Public Prosecutor, High Court for the State ofsTelangana at Hyderabad [OUT]

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