Sakinala Ganesh, Vs The State of Telangana through P.S.Gajwel

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[34441

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IN THE HIGH COURT FOR THE STATE OF TELANGANA HYDERABAD

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WEDNESDAY,THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX

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PRESENT

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THE HONOURABLE SMT JUSTICE TIRUMALA DEVI EADA

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CRIMINAL PETIIION NO: 119 OF 2026

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Between:

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Sakinala Ganesh,, S/o. Balanarsiah, Aged about. 31 Years, Occ. Pvt Job, R/o. H.No.- 3-1 , pamukunta Village Rajapet lt/landal, of Yadagiri Bongir Dist.

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Sakinala @ Bachu Swapna,, Wo. Ganesh, Aged About. 29Years, Occ. Pvt. Job, Rio. 3-1, pamukunta Village Rajapet Mandal, of Yadagiri Bongir Dist.

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... Petitioners/Accused No.1 & 2

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AND

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1 The State of Telangana through P.S.Gajwel, rep. by its Public Prosecutor, High Court for the State of Telangana at Hyderabad.

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Sri Veerabattini Ramakrishan, S/o Laxminarayana, aged. 30 years, Occ. Advocate, R/o H.NO. 1-48, Thimmapur (V), Jagdevpur Mandal .of Siddipet Dist.

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...Respondent.2/Defacto Complainant

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Petition under Section 528 OF BNSS praying that in the circumstances stated in the Memorandum of Grounds of Crimjnal Petition, the High Court may be pleased to QUASH the proceedings in CC No.86 of 2024 arising out of Crime No. 604 of 2023, PS Gajwel, on the file of Hon'ble Principal Judicial First Class Magistrate Court at Gajwel, against the Petitioners/Accused No.'1 & 2 and to pass such other order or orders which this Hon'ble Court may deems fit and proper in the circumstances of the case and in the interest of Justice and equity.

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---E:-E|r .J

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LA. NO: 2OF 2026

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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 including the appearance of the petitioners/ accused No.1 & 2 in CC No.86 of 2024 arising out of Crime No. 604 of 2023 on the frle of Hon'ble Principal Judicial First Magistrate Court at Gajwel Station and pass such other order or orders as this Hon'ble court may deem fit an proper in the circumstances of the case.

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This Petition coming on for hearing, upon perusing the lVlemorandum of Grounds of Criminal Petrtion and upon hearing the arguments of Sri P Radhika, Advocate for the Petitioner and the Public Prosecutor (TG/AP) on behalf of the Respondent No.

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The Court made the following: ORDER

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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THE HON'BLE SMT. JUSTICE TIRUMALA OEVI EADA CRIMINAL PETITION No.119 of 2026

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DATE OF ORDER:- 07.01 ,2026

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Between:

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Sakinala Ganesh, Rl/o.Bhongir District & another.

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Petitioners/Accused Nos.1 & 2

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AND

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The State of Telangana rep. by its Public Prosecutor, High Court of Telangana at Hyderabad & another

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Respondents

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ORDER:

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This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 seeking to^quash the proceedings against the petitioners/accused Nos.'1 & 2 in C.C.No.B6 of 2024, on the file of the learned Principal Judicial Magistrate of First Class at Gajwel, registered for the offences^punishable under Sections 294-8,323,506 read with 34 of lPC.

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Heard Ms.P.Sumalatha, learned counsel representing Ms.P.Radhika, learned counsel on record for the^petitioners as well as Sri Jitender Rao Veeramalla, the learned Additional Public Prosecutor appearing for the respondent No.1- State.

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2

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ETD,I crl.P.No.119 2026

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Learned petitioners' counsel submitted that the^{petitioners are} facing false allegations under Sections 294-8,323, 506 read^{with 34} of IPC and that the petitioners and the defacto complainant are family members and due to the family disputes, the^present complaint is lodged with false allegations. She further submitted that the offences alleged against the petitioners are punishable with less than 7 years of imprisonment and hence the proceedings against the petitioners may be quashed.

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The learned Additional Public Prosecutor has submitted that the prosecution could examine and record the statements of eye witnesses to the incident and that they collected ample evidence to prove the offences against the petitioners herein. He therefore prayed to dismiss the petition.

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Perused the record. The contents of the complaint and the recitals of charge sheet point out specific allegations against the petitioners that they threatened the defacto complainant and have beaten him and in the said incident, the defacto complainant has sustained injuries . The Memo of Evidence annexed to the charge sheet reveals that LWs 2 to 5 are listed as eye witnesses and LW8 is the Doctor who has treated the injured. The evidence of these witnesses becomes crucial during the course of trial. The veracity of

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3

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ITO,J Crl.P.No.119_2025

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these witnesses and the truth or otherwise in the allegations can be culled out only after a full-fledged trial. However, it is deemed appropriate to dispose of the Criminal Petition by dispensing with the appearance of the petitioners before the Trial Court.

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6, Hence, the Criminal Petition is disposed of dispensing with the presence of the petitioners before the Trial Court provided that the petitioners are represented through an Advocate on every date of hearing and that they shall be present before the Trial Court

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whenever their presence is specifically required during the course of trial

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7 - Miscellaneous petitions pending, if any, shall stand closed.

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SD/- B. REKHA RANI ASSISTANT REGISTRAR /<' l7

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//TRUE COPY//

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SECTION OFFICER

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To,