THE HONOURABLE SRI JUSTICE N. TUKARAMJI

ORDER:

This petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS, 2023’) seeking quashment of the proceedings Crime No.762 of 2025 on the file of the Cyber Crimes, Cyberabad Commissionerate on the file of the IX Additional Judicial Magistrate of First Class at Kukatpally.

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2. Heard Ms.Sandhya Rani Racharla, learned counsel representing Mr.Nageshwar Rao Pujari, learned counsel for petitioner, Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent No.1-State.

3. The petitioners sole accused in Crime No.762 of 2025 facing accusation under Sections 318 (4), 319 (2), 336 (3), 338 and 340 (2) of BNS and Section 66-D of Information Technology Act, 2000.

4. The prosecution case in brief is that under the petitioner’s inducement, the husband of the de-facto complainant had invested the amounts about Rs.14,35,500/-, thereby cheated.

5. Learned counsel for the petitioner would submit that the petitioner is ready to cooperate with the investigation and however, Section 338 is pertains to forgery of the documents is punishable for ten years. However, there is no specific overtack alleging forgery, the section is not applicable to the petitioner. Further, the de-facto complainant has not placed any documents except stating that the online transactions, which are the materials proving investments. Therefore, sought for direction for issuance of notice under Section

35(3) of BNSS.

6. Learned Additional Public Prosecutor would submit that the allegations levelled against the petitioner are clear and at the petitioner’s instance, the transactions were done. The amounts were routed to the accounts of the petitioner and another accused. Admittedly certain amount, to the extent i.e., Rs.4,42,500/- was also returned by them. Further, considering the aspect that parting of the money was at the instance of the petitioner. Section 338 of BNS has been invoked and the investigation is underway.

7. I have perused the materials on record.

8. Admittedly, the proceedings are at unfolding stage and the investigation is transpiring. There are allegations and denial of receipt of amounts in the account of the petitioner and the petitioner’s role in organising delivery of money needs careful examination, which is possible only on investigation. In such stage, interfering with the investigation in any manner would be improper. In this view no merit is found and accordingly this petition is liable to be dismissed. Nonetheless, it is clarified that this order will not preclude the petitioner in availing other remedies available under law.

9. With this observation, this criminal petition is dismissed.

Miscellaneous petitions, pending if any, shall stand closed.

_____________________ JUSTICE N. TUKARAMJI Date: 07.04.2025 pld