Telangana High Court
CRLP/6296/2025 of Mohd Osman Vs The State of Telangana on 18 December 2025
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE EIGHTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENry F|VE PRESENT THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA CRIMINAL PETITION NO:6 2960F 2025 Between: 1. Mohd Osman, S/o Late Mohd Khan, Age 52 years, Occ. Auto .Driver,. Rio
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THURSDAY,THE EIGHTEENTH DAY OF DECEMBER
TWO THOUSAND AND TWENry F|VE
PRESENT
THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA
CRIMINAL PETITION NO:62960F 2025
Between:
1. Mohd Osman, S/o Late Mohd Khan, Age 52 years, Occ. Auto .Driver,. Rio *'.ruo.2-g-oO3nol fi, Bismillah Hotel, Patel N-agar, Amberpet, Hyderabad, Telangana State
2. Mohd Sufiyan, S/o Mohd Osman, Ne 22 yeas, Occ. Student, Rl/o H No 2-3-
- 6bg/707 1ti, Bismillah Hotel, Patel liagar,-Amberpet, Hyderabad, Telangana State
...PETITIONERS/ACCUSED No.1 and 2
AND
1. The State of Telangana, Rep. by the Public Prosecutor, High Court at Hyderabad
2. Smt. M. Geeta, Wo Balaji, Aged about 41 years, Occ' Tailoring Work' R/o Patel Nagar. Amberpet. Hyderabad, Telangana State
...RESPONDENT'COMPLAINANTS
PetitionunderSection52SofBNSSprayingthatinthecircumstances stated in the Memorandum of Grounds of criminal Petition, the High court m-ay- be pleased to Quash the proceedings against the Petitioners/ Accused No.1 & 2 in bC.Nto.tag+ of 2O25 on the file of lX Additional Chief Judicial Magistrate at Hyderabad, in the interest of justice.
t.A. NO: 1 OF 2025
Petition under section 528 of BNsS praying that in the circumstances stated in the Memorandum of Grounds of criminal Petition, the High court may be ;;;; to stay all further proceedings inclu-ding appearance- .oi.. th:
'Petitioners/Accused No.1 & 2 in cc.No.1494 0f 2025 0n the file of lX Additional Chief Judicial Magistrate at Hyderabad, pending disposal of the above Criminal Petition.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri MOHD
NAYEEM, Advocate for the Petrtioner and the Additional Public Prosecutor on behalf of the Respondent No.1 and none appeared for the Respondent No 2
The Court made the following: ORDER
IN THE HIGH COURT FOR THE STATE OF TE) ANGANA AT
ITYDERABAI)
HON'BLE SRI JUSTICE NAGESH BHEEIIiI IPAI(A
CRIMII{AL PETITION No. 6296 OF 2(l: rs
18.12.2025
Between:
Mohd. Osman & another
Fe :itioners
And
The State of Telalgana,
Rep. by Public Prosecutor & another
.. R,: pondents
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER:
Petitioners - Accused 7 and 2 see< to quash the proceedings in C.C. No. 1494 of 2025 on thr, file of the IX Additional Chief Judicial Magistrate at Hyderabac
2. The case of petitioners is that Ii: pondent No.2 lodged a complaint dated. 26.t2.2O24 on the fi. : of Amberpet Police Station stating that on 26.12.2024 at I t 0O hours, her children and Osman's sons were quarrelling tog€t rer for parking place; at about 19.O0 hours, when Respondent I o.2's husband asked Accused No.1 where should they park volr :le; meantime, Accused No.l and his son picked up a qr,i rrel with her husband, when Respondent No.2 asked about he quarrel, in turn, Accused No.l and his son beat Respondent No.2 with hands.
2.1. It is stated, based on the complaint, police registered IIR No. 77O of 2024 d,ated 26.72.2024 for the oflence under Section 74 BNS read with Section 3(5) BNS without arly proper investigation, frled charge sheet uide C.C.No. 1494 of 2025. The grievance of petitioners is that they are no way concerned with the alleged offence, in fact petitioner No.2 was not present at the place of offence, but police rvithout conducting any preliminary enquiry, registered the above case on political influence. Petitioner No.2 is pursuing his studies ald if crimina-l case is continued, his educational career wottld be ruined.
3. Since there is no representation on behalf of petitioners on several adjournments, this Court is proceeding with the matter on merits.
4. The law is well-settled that the High Court, in exercise of its inherent powers under Section 482 Cr.P.C., has to quash the proceedings in criminal cases in ra-rest of rare cases with extreme caution. Further, to exercise powers under Section 482 Cr.P.C. the complaint in its entirety shall have to be examined on the basis of the allegation made in the complaint/ FlR/charge-sheet and the High court 1t that stage, was not under an obligation to go into the matter r r examine its correctness. Whatever appears on the lrce of the complaint/FlR/Charge-sheet shall be taken into :onsideration without any critical examination of the same.
5. Since in the charge sheet, it has bec I categoncally stated that ttre investigation done and the eviden< r collected on records elicited prima facie case against accused 1; .rsons which constitutes an offence under Section 74 BNS rea<i with Section 3(5) BNS, this Court, in view of the legal position, s not inclined to quash the proceedings. The Criminal petition Ls therefore, liable to be dismissed.
Accordingly, the Criminal petition is cir; nissed As a sequel, the miscellaneous Applic,: rons, if anv shall stand closed. SD/
//TRUE COPY//
- S. Mr LLIKARJUNA_]a{6 Assts rANr jrrersrRen tl " ----' \ r."r,o* oFFrcER To, 1 ]1.. lI Additionat Chief Judiciat M^agistrare at Hyo[rtz, ,
2. The s_tation House officer, p.li"e stitr]n-n,ite7pl])r-rvt ,r"oaa 3 Two CCs to public prosecutor, High a;urt for i;;'d;re o. Tetangana at Hyderabad (OUT) 1 9n" CC to SRt MOHO ruRyeeM Advocate (OPUC) 5 Two CD Copies TPK/SA ! ! I I
t HIGH GOURT DATED:1811212025
ORDER
CRLP.No.6296 of 2025 K3 21126 SIA IAll itE t o c) .L * CRIMINAL PETITION IS DISMI:: SED nf 'f aa l *