IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.446 of 2026 DATE OF ORDER:-20.01.2026 Between:

Marati Sudhakar Rao, R/o.Sangareddy District.

… Petitioner/Accused No.3 AND The State of Telangana rep. by Public Prosecutor, High Court of Telangana, Hyderabad & another.

…Respondents

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.3 in C.C.No.446 of 2025, on the file of the learned Additional Junior Civil Judge –cum- Judicial Magistrate of First Class, Zaheerabad, registered for the offences punishable under Sections 333, 118(1), 352, 351(2) read with 3(5) of BNS, 2023.

2. Heard Ms.Devara Samhitha, learned counsel for the petitioner/accused No.3 as well as Sri Allu Midhun Kumar, learned counsel appearing for the respondent No.2/de facto complainant.

3. Learned petitioner’s counsel submitted that accused No.3 was not present at the scene of offence and that the allegations levelled against him are completely false. She further submitted that the alleged time of offence is at around 8:30 in the night and that the de facto complainant has mistakenly mentioned the name of the petitioner by thinking that he is present at the scene of offence. The same is confirmed by the affidavit filed by the defacto complainant and that the defacto complainant has expressed his concern about the same. She therefore prayed to quash the proceedings against the petitioner.

4. Learned counsel for respondent No.2 has submitted that the de facto complainant has filed the sworn affidavit stating that mentioning of the name of the petitioner as accused No.3 is purely due to the mistake of identity and nothing else. The detailed affidavit discloses that he is well conscious about the consequences of his affidavit and that he cannot prosecute the case against the petitioner any further.

5. On perusal of the said affidavit, it is disclosed that the petitioner’s name is wrongly included in the complaint due to mistaken identity by the defacto complainant as admitted by him.

Hence, continuation of proceedings against the petitioner would be abuse of process of law and the same are liable to be quashed.

6. Hence, the Criminal Petition is allowed and the proceedings against the petitioner/accused No.3 in C.C.No.446 of 2025, on the file of the learned Additional Junior Civil Judge –cum- Judicial Magistrate of First Class, Zaheerabad, are hereby quashed.

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

____________________________ JUSTICE TIRUMALA DEVI EADA Dt.20.01.2026 ysk THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.446 of 2026 DATE OF ORDER:-20.01.2026