IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

THE HONOURABLE SMT JUSTICE JUVVADI SRIDEVI

CRIMINAL PETITION No.16139 of 2024

DATED: 16^TH DECEMBER, 2025

Between

Kotha Rajesh and another ...Petitioners

AND

The State of Telangana,

Rep. by Public Prosecutor

and one another ...Respondents

O R D E R

This Criminal Petition is filed by the petitioners-accused

Nos.3 and 4 seeking to quash the proceedings against them in S.T.C.No.777 of 2016 pending on the file of the learned Judicial First Class Magistrate at Miryalaguda (for short ‘the learned trial Court’) registered for the offences under

Sections 323, 506 of the Indian Penal Code (for short ‘IPC’).

02. Heard Sri Harikishan Kudikala, learned counsel

for the petitioners and Sri M.Ramachandra Reddy, learned Additional Public Prosecutor for the State-respondent No.1.

No representation on behalf of the respondent No.2.

Perused the record.

03. The brief facts of the case are that the husband of the complainant-respondent No.2 died in the month of September, 2013. Thereafter, the younger brother of her husband (hereinafter referred to as “the accused No.1”), who has been residing in a portion of her house, allegedly hatched a plan to unlawfully occupy the said house on the premise that the respondent No.2 has no legal heirs to inherit the property. In furtherance of the said plan, the accused No.1, along with his relatives (hereinafter referred to as “the accused Nos.2 to 4”), allegedly began harassing the respondent No.2 and threatening her with dire consequences, demanding to vacate the house. Such harassment is stated to have continued for the last four to five months. Aggrieved thereby, the respondent No.2 approached the caste elders, and a panchayat was convened, wherein the elders advised the accused Nos.1 to 4 not to harass the respondent No.2. However, the accused persons allegedly paid no heed to the advice of the elders and continued their acts of harassment, making repeated attempts to dispossess the respondent No.2 from the house. Subsequently, the accused Nos.1 to 4 allegedly assaulted the respondent No.2 by beating her with hands. At that juncture, the respondent No.2’s brothers and mother intervened and rescued her, whereupon the accused persons also allegedly assaulted the respondent No.2’s brothers and mother. Hence, the respondent No.2 lodged the present complaint against the accused persons.

04. Learned counsel for the petitioners submitted that the petitioners-accused Nos.3 and 4 have no connection whatsoever with the alleged offences and that there are no specific or overt allegations levelled against them. It was further submitted that the learned trial Court has already conducted the trial against the accused Nos.1 and 2 and acquitted them vide Judgment dated 31.10.2022 passed in S.T.C.No.156 of 2014. The allegations contained in the charge sheet, even if taken at their face value and accepted in their entirety, do not constitute any offence against the petitioners-accused Nos.3 and 4. A reading of the charge sheet does not disclose the essential ingredients necessary to attract the offences alleged under Sections 323 and 506 of IPC. Hence, learned counsel prayed to quash the proceedings against the petitioners-accused Nos.3 and 4.

05. On the other hand, learned Additional Public Prosecutor appearing for the State-respondent No.1 contended that there are triable issues and factual aspects to be examined by the learned trial Court and it is not a fit case to quash the proceedings against the petitioners at this juncture and the matter is to be decided after conducting full- fledged trial by the learned trial Court and prayed to dismiss this Criminal Petition.

06. Having heard both sides and upon a perusal of the record, it is evident that the learned trial Court had initially taken cognizance of the alleged offences against the accused Nos.1 to 4. As the petitioners-accused Nos.3 and 4 remained absent on account of their stay abroad, the learned trial Court, by Order dated