The court ruled that allegations warrant investigation, and the petition to quash proceedings was dismissed.

ORDER:

This Criminal Petition is filed under Section 528 Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘ BNSS ’) by the petitioners/accused Nos.12 to 32 seeking to quash the proceedings against them in Crime No.178 of 2025 on the file of Mdlacheruvu Police Station, Suryapet District.

2. Heard Mr.M.Rami Reddy, learned counsel for petitioners and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent No.1-State.

3. Learned counsel for the petitioners submitted that the petitioners are innocent and are not concerned with the allegations made against them by the de facto complainant. He further submitted that the petitioners have never trespassed into the premises of the de facto complainant, nor have they caused any harm to him, much less inflicted any injury that would attract the ingredients of Section 118 (2) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’). It was also submitted that the FIR was initially registered for the offence under Section 118 (1) of the BNS and has now been altered to Section 118 (2) of the BNS. He further submits that if Section 118 (2) of the BNS is excluded, all the remaining offences are punishable with imprisonment of less than seven years, and therefore, it is not proper to include Section 118 (2) of BNS in the list of alleged offences against the petitioners. He also submits that respondent No.2 and his family are in the habit of lodging a series of complaints, and that earlier, twelve complaints had been registered against villagers. It is further submitted that the mental condition of respondent No.2 is not stable, and that he was suspended from the school where he works due to allegations of indecent behavior. The learned counsel further submitted that the allegations are false in nature, and considering the conduct of respondent No.2 and his family, he prayed for quashing of the proceedings against the petitioners. 4. Learned Additional Public Prosecutor has submitted that the allegations are specific, showing that accused Nos.12 to 32 also entered the premises of the de facto complainant, formed an unlawful assembly, and assaulted the de facto complainant. The injuries sustained by the de facto complainant are severe and grievous. Therefore, the Section of law is altered from Section 118 (1) of BNS to Section 118 (2) of BNS. Therefore, he further submitted that the investigation is still in progress and, at this stage, no one can say which section applies to the alleged offence. He also submitted that the petitioners herein are facing allegations in multiple matters pending before the trial court. A list of such cases has been provided in the instructions furnished by the Sub-Inspector of Police, Medlacheruvu Police Station, Suryapet District, which include five cases i.e., Crime Nos. 10 of 2024 (SC 38/2023), 110/2024 (CC 1052/2024), 111/2024 (CC 942/2024), and 170/2024 (CC 19/2025), along with three petty cases under STC Nos. 1254, 1255, and 1256 of 2022, and 86/2024 (SC 107/2025), all filed by the LW.1 and his family members against some of the accused persons. Thus, he prayed that the antecedents of the petitioners be considered and accordingly prayed for the dismissal of the petition.

5. Perused the record.

6. The allegations prima facie attract the offences under Sections 3 29(4), 118(1), 352, 351(2), and 189(2) of the BNS and Sections 3 (1)(r)(s) and 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, ‘POA Act’). The section of law has been altered from Section 118 (1) of BNS to Section 118 (2) of BNS. The instructions submitted by the learned Additional Public Prosecutor indicate that the injury sustained by respondent No.2 is grievous in nature, and the