Disposed

M/S. Premier Properties and Projects v. The State of Telangana

Telangana HC13 Jun 2025CRLP/7087/2025

Case brief

AI extract

What is this about?

Petitioners arrayed as accused in an EOW cheating case punishable up to seven years sought quashing or protection from coercive steps, alleging no Section 35(3) BNSS notice was issued. The court directed them to appear before the SHO within a week, upon which notice under Section 35(3) shall be issued and investigation proceed per Arnesh Kumar guidelines.

What the court decided

AI extract

M/S. Premier Properties and Projects Vs The State of… — Quashing and FIR | Telangana HC (2025)

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13217 1

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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FRIDAY,THE THIRTEENTH 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: 7087 oF 2025

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Between:

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1 M/S.. Premier Properties And Projects, Rep., by its Managing partner Mr.Nalamothu_ Sharath, S/o. N.Subba Rao, Aged^-about. 55 years, Havinq registered Office at. FIat No. 5, Siri park View, plot No.49, Kavuri Hillsl Madhapur, Hyderabad-500081, Telangana (Al )

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2 M/S. tManika Encon Private Limited, Rep., by its N/anaging Director, Smt. Nalamothu f9^oja, W/o X/r.Nallamothu S_ha1a!h, Aged aboLit. 5O years, ftaving registered Office at. FIat No. 5, Siri park View, plot No.49,'Kavuri Hills] [t/adhapur, Hyderabad-500081, Telangana (A2)

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J Mr.Nalamothu Sharalh, S/o. N.Subba Rao, Aged about. 55 years, Occ. Business, fig. Plo! No 49, flat No 6, Siri partiView, phase-|, kavuii Hitts, [/adhapur, Hyderabad-500081, Telangana (A3)

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4 Smt. Nalamothu_Pooja, W/o. Mr.Nallamothu Sharath, Aged about. 50 years, Occ. Business, R/o. Plot No.49, Flat No.6, Siri park View, phase-I, Kavuri Hills, Madhapur, Hyderabad-50008'1, Telangana (A4)

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...PETITIONERS/ACCUSED Nos. 1 to 4

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AND

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1 The State.of Telangana, Jlrguqh EOW, Police Station, Cyberabad, Rep. by its State Public Prosecutor, High Court for the State of Telangana, at Hyd6rabad.

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2 Mr.Anil Kumar Gullapally, S/o. Krishna lvlohan Gullapally, aged about 44 Years, Occ. Business, Rt/o. Flat No.K-906, Gated Ccimminity, Aparna [glqp.V,^Marigold, _^{Gundlapochampalli,Hyderabad,Ir/edchat-tvlatkajgiri} District, Telangana Mobile No. 86885171 16

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..RESPONDENTS/COMPLAINANT

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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 call for the records relating to Crime No.28lr025, dated. 02.06.2025, and same was registered U/Sec. 318(4), 316(2), 35j(3) rtw 61(2) ol BNS Act, 2023 of against the Petitioners/Accused A-1 to A- 4 herein and same was registered by the EOW, police Station, Cyberabad and said crime was registered, pursuant to the false and frivolous compliant filed by the 2nd respondent herein, and to quash proceedings thereon.

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l.A. NO: 2OF 2025

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Petition under Section^{528 of BNSS, prayingthat in the circumstances} stated in the [r,4emorandum^{of Groundsof criminalPetition, the High courtmay} be pleased to^grant stay of^{all further proceedings including the arrest of the} p etitio ne rs/Accused A-1 to A-4 in Crime No. 2812025, dated. 02,06.2025,^for punishable U/Sec.31B(4),316(2),351(3)^{r/w 61(2)of BNS Act,2023and said} crime registered by^{the Eow, Police station, cyberabad,pending disposalof the} main Criminal Petition.

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This Petition coming on for^{hearing,upon perusing the l'4emorandum of} Grounds of criminal^{Petition and upon hearing the argumentsof sri c HARI} PREETH, AdVOCAIE^fOT thE^{PCtitiONETANd STi. JITHENDERRAO VEERAIMALLA,} Assistant Public^{Prosecutor, on behalf of the RespondentNo.1 and none} appeared for ResPondent^no.2

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The Court made the following:^ORDER

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t I

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THE HONOURABLE SRI JUSTICE N.TUKARAMJI

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CRIMINAL PETITION No.7087 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^'BNSS, 2023') seeking quashment of the proceedings in Crime No.28 of 2025 of EOW Cyb(Cyberabad) Police Station, Cyberabad Commissionerate against l the petitioners-accused Nos.l to 4.

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The petitioners are arrayed as accused Nos. 1 to 4 in Crime No.28 of 2025 registered for the offences punishable under Sections 318(4), 316(2), 351(3) r/w 61(2) of Bharatiya Nyaya Sanhita,2023 (for short'BNS, 2023').

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Heard Mr. C.Hari Preeth, learned counsel for the petitioners and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent No.'1-State.

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Learned counsel for the petitioners would submit that though the petitioners are determined to see the process through and the alleged offences are punishable with an imprisonment up to seven^years, the Police concerned have not issued any notice under Section 35 (3) of BNSS, 2023, as such, the^petitioners are apprehending coercive measures against them. Learned counsel further submits that the petitioners are ready to cooperate with the investigation, hence prayed for necessary directions for issuance of notice as per law.

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\ )

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Learned Additional Public^{Prosecutor opposed the petition.}

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I have perused the materials on^record.

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Having regard to the fact^{that the alleged offencesare} punishable with an imprisonment up to^{seven years and as the} petitioners are ready to engage themselves^{in the process,the} petitioners are directed to appear before^{the SHO, EOW, Police} Station, Cyberabad within a week^{from the date of receipt of a copyof} this order, whereupon, the Investigating^{Officer shall issue noticeon} the petitioners under Section^{35 (3) of BNSS,2023 in CrimeNo.28 of} 2025 and take up further^{proceedings as per the guidelinesof Arnesh} Kumar v. Sfate of Bihar' scrupulously.^{ln unison,the petitionersare} directed to cooperate with the^{investigation.}

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With this direction, this Criminal Petition^{is disposedof.}

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Pending miscellaneous applications,^if any,^{shall standclosed.}

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Sd/- A. PRATHIMA DEPUTY REGISTRAR

//TRUE COPY//

secrhForrrcen

To,

I ThePrincipleJuniorCivilJudge.cum-Metropolitantrilagistrate,RangaReddy District, L.B. Nagar^{(Call for Records)}

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2 ih" Strtion^{House Officer,EoWCyberabadP'S , Cyberabad'} a One CC to SRl.^{C HARIPREETH Advocate IOPUC]} 4 i*" cc. to^{pUBLIC pROSECUTOR High court for the State of Telangana} lourl

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5 Two CD CoPies RCiMKN \k

HIGH COURT

DATED:1^310612025

ORDER

CRLP.No.7087^{of 2025}

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