THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.13382 OF 2025

ORDER:

This Criminal Petition is filed seeking to quash the proceedings against the petitioners-accused Nos.1 to 5 in C.C.No.875 of 2023 pending on the file of learned Judicial Magistrate of First Class (Spl. Mobile PCR), Karimnagar. The offences alleged against the petitioners are under Sections 324, 290 and 506 read with 34 of I.P.C.

2. Heard Sri K. Kiran Kumar, learned counsel for the petitioners and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent No.1-State.

3. The case of the prosecution is that during the celebrations of Beerappa and Mahankali festival between 07.04.2023 and 05.05.2023, one day i.e., on 03.05.2023 at 06:30 PM at Beerappa temple premises, while the customary programme was going on, a quarrel ensued between two groups, wherein both the groups abused one another. Alleging that the petitioners have threatened him that they would kill him, respondent No.2 filed the subject complaint.

4. Learned counsel for the petitioners submitted that the subject complaint is filed as a counter blast to Crime No.219 of 2023 of Karimnagar Police Station. In Crime No.219 of 2023, petitioner No.2 herein is the complainant, which was registered on 15.05.2023, whereas the subject Crime No.234 of 2023 was registered against the petitioners on 25.05.2023 on the complaint filed by respondent No.2 herein, who is accused No.2 in Crime No.219 of 2023. Thus, the present complaint is lodged as an afterthought and has been filed as a counter blast to the earlier complaint.

5. Learned counsel for the petitioners further submitted that the Court must examine the attending circumstances while quashing the crime, since the present case is lodged as a counter blast as against the case filed in earlier point of time by petitioner No.2 herein. Therefore, he prayed to quash the proceedings in the subject C.C.

against the petitioners.

6. Learned Additional Public Prosecutor submitted that both the crimes were registered based on the same incident and that the prosecution could examine and record the statements of eye- witnesses in this case and also collected sufficient evidence to prove the offences. He, therefore, prayed to dismiss the Criminal Petition.

7. Perused the record.

8. The recitals of the charge sheets in both the cases reveal the same set of allegations and also that the cases cropped up from the same incident that occurred on 03.05.2023 at 06:30 PM in the premises of Beerappa temple. Therefore, the subject crime and Crime No.219 of 2023 of Karimnagar Police Station are the case and counter case filed by two groups. In such cases, one case cannot be quashed while the other is kept pending, as it was held by the Honourable Apex Court in Punit Beriwala v. The State of NCT of Delhi and others, 2025 LiveLaw (SC) 504 The truth or otherwise and the veracity of the witnesses, including the eye-witnesses, who are listed as LWs.2 and 3 in the charge sheet, need to be tested during the course of trial. Hence, it is deemed appropriate to dispose of the Criminal Petition by dispensing with the attendance of the petitioners before the trial Court.

9. Accordingly, the Criminal Petition is disposed of dispensing with the attendance of the petitioners before the trial Court provided they are represented by a counsel before the trial Court on every date of hearing and shall appear before the trial Court whenever their presence is required during the course of trial.

Miscellaneous Petitions pending, if any, shall stand closed.

____________________________ JUSTICE TIRUMALA DEVI EADA Date: 27.10.2025.

MD