IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI CRIMINAL PETITION No.7356 OF 2025

27^th JANUARY, 2026 Between:

The State of Telangana, through Station House Officer, Kazipet P.S., Rep. by the Public Prosecutor, High Court for the State of Telangana, Hyderabad. …Petitioner AND Sunchu Ashish S/o. Srinivas, Age 19 years, Occ: Student.

R/o. H.No.25-4/753/A, Somidi, Kazipet and 3 others.

… Respondents

O R D E R:

This Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) by State seeking to set aside the order dated 24.04.2025 in Crl.M.P.No.88 of 2025 in S.C.No.128 of 2019 passed by learned I Additional Sessions Judge, Hanumakonda.

2. Heard Mr. Surepalli Prashanth, learned Assistant Public Prosecutor appearing for petitioner-State. In spite of notice being served, there is no representation on behalf of the respondents/accused Nos.1 to 4.

3. On the basis of a complaint given by one Sonaboina Saraiah, an Express FIR bearing No.01/2018 came to be registered for offences under Sections 302 and 201 read with Section 34 of the Indian Penal Code, 1860 (for short ‘IPC’). Charge sheet came to be filed on 17.07.2018 naming the following persons as accused:

i. Sunchu Ashish. ii. Sunchu Srinivas iii. Sunchu Ramesh iv. Sunchu Thirupathi (all are residents of Kazipet)

4. It is alleged that grudges developed in property distribution between D1, D2 (who are the deceased) and respondents/accused Nos.1 to 4. It is further alleged that on 01.01.2018, in between 21:00 hours to 21:20 hours at House No.25-4-783, Somidi, Kazipet, respondents/accused Nos.1 and 2 attacked D1 and D2. Respondent/accused No.1 attacked D2 with knife, cut the throat of D2, stabbed her on back on different parts of the body, later respondents/accused Nos.1 and 2 entered into bed room of D1 and respondent/accused No.2 caught hold of D1 and respondent/accused No.1 stabbed him indiscriminately for about ten to twenty times and caused instantaneous death. The allegation against respondents/accused Nos.3 and 4 is that they have concealed evidence related to both deaths, thereby causing the disappearance of evidence.

5. A petition i.e., Crl.M.P.No.88 of 2025 in S.C.No.128 of 2019 came to be filed by the State, represented by the Station House Officer, Kazipet Police Station, to reopen the evidence of PW-21 for further examination-in-chief for marking the FIR. S.C.No.128 of 2019 was posted on 18.12.2024. Evidence of Investigating Officer (Ch.Ajay) was recorded as PW-21 on 01.05.2024 and further cross examination was held and closed on 13.06.2024. It is the case of the prosecution that the prosecution did not mark the FIR due to over-sight during chief examination and case was coming for reply arguments.

6. On filing of Crl.M.P.No.88 of 2025 in S.C.No.128 of 2019 to reopen the evidence of PW-21, it was requested to the Court to reopen the evidence of PW-21 for further examination-in- chief and mark the FIR as Exhibit in ‘P’ series and thus to allow the petition. It was prayed that if the Court does not reopen the evidence of PW-21, it would amount to unfair trial and reopening the evidence of PW-21 would not prejudice the case of respondents/accused Nos.1 to 4 and in fact, it would lead to justice. Learned I Additional Sessions Judge, Hanumakonda, by order dated 24.04.2025, held as follows:

“5. POINT: Having considered the submissions on both sides and having perused the record, the present petition is filed after submitting arguments by the prosecution as well as by the defence Counsel and when the matter adjourned for judgment. Since this petition is filed at the fag end of the case and further when the witness/PW21 was examined by the prosecution, the prosecution did not take any measures to get the FIR exhibited through him and PW21 was also subjected to cross-examination.

6. At this stage, after completion of cross-examination of PW21 and after hearing the arguments and when the mat