THE HON’BLE SMT.JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.15361 of 2025 ORDER:-

1. This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 seeking to quash the proceedings against the petitioner/accused No.2 in C.C.No.1144 of 2024, on the file of the learned XIV Additional Junior Metropolitan Magistrate, Cyberabad at Hayathnagar, Ranga Reddy District, registered for the offences punishable under Sections 79, 352 and

351(2) read with 3(5) of BNS, 2023.

2. Heard Sri K.Jagadishwar Reddy, learned counsel for the petitioner/accused No.2 as well as Sri Jitender Rao Veeramalla, the learned Additional Public Prosecutor appearing for the respondent No.1- State.

3. Learned petitioner’s counsel submitted that the petitioner herein is accused No.2 and that he is facing false allegations. He attract the offences alleged against the petitioner. He further allegation of abusing in filthy language, but for that there is no other averment made in the charge sheet also to allege any offences as against the petitioner herein. The petitioner is charged with offence under Section 351(2) read with 3(5) of BNS and that he never threatened the defacto complainant in any manner. He therefore prayed to quash the proceedings against the petitioner.

4. The learned Additional Public Prosecutor has submitted that the prosecution could record the statements of eye witnesses i.e., LWs 2 to 6 and that the allegations and the statements of witnesses point out that the defacto complainant was insulted by abusing her in filthy language and was being threatened by the petitioner and other accused. He therefore prayed to dismiss the petition.

5. Perused the record. The contents of the complaint and the recitals of charge sheet point out that accused No.1 picked up a quarrel with the defacto complainant and abused her in filthy language by insulting her modesty. The statements of LWs 2 to 6 point out that the petitioner herein along with accused No.1 have threatened the defacto complainant. Thus, the prima facie allegations point out the offence under Section 351 (2) of BNS, 2023 against the petitioner herein. Thus, in the facts and circumstances of the case it is deemed appropriate to dispose of the Criminal Petition by dispensing with the attendance of the petitioner before the Trial Court.

6. Hence, the Criminal Petition is disposed of dispensing with the presence of the petitioner/accused No.2 before the Trial Court provided that the petitioner is represented through an Advocate on every date of hearing and that he shall be present before the Trial Court whenever his presence is specifically required during the course of trial.

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

____________________________ JUSTICE TIRUMALA DEVI EADA Dt.24.11.2025 ysk