Telangana High Court
CRLRC/837/2025 of P. Gouthami Vs The State of Telangana, on 10 December 2025
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY, THE TENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE JUWADI SRIDEVI CRIMINAL REVISION NO: 837 OF 2025 Criminal Revision Case filed under Sections 438 and 442 of BNSS Act against the Order dated
132s7 |
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
WEDNESDAY, THE TENTH DAY OF DECEMBER
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SMT JUSTICE JUWADI SRIDEVI
CRIMINAL REVISION
NO: 837 OF 2025
Criminal Revision Case filed under Sections 438 and 442 of BNSS Act against the Order dated 01.11.2025 passed in Crl.M.P.No.912 of 2025 in
C.C.No.7712 of 2022 on the file of the Court of the lll Additional Junior Civil Judge-cum-Judicial Magistrate of First Class, Hanumakonda.
Between:
P. Gouthami, W/o. Kumaraswamy, age 35 years, Occ: House wife, R/o. H. No .1 6-3-79511, Ekashilanagar, Warangal, Warangal District.
AND
...Petitioner/Accused No.6
1. The State of Telangana, rep.by its Public Prosecutor, High Court of Telangana, Hyderabad.
2. The District Co-operative Officer, Hanumakonda Town and District
...Respondents/Defacto Com plai nant
lA NO: 2 OF 2025
Petition under Section 528 of BNSS praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant stay of all further proceedings in C.C.No.7712 of 2022 pending on the file of lll Additional Junior Civil Judge-cum-Judicial tvlagistrate of First Class, Hanumakonda, in so far as the petitioner/A6 is concerned, pending disposal of Criminal Revision case, in the interest of Justice.
Counsel for the Petitioner: SRI LAXMAIAH KANCHANI
Counsel for the Respondent No.1: SRI M RAMACHANDRA REDDY, ADDITONAL PUBLIC PROSECUTOR
Counsel for the Respondent No.2:
The Court made the following: ORDER
I
r
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THE HONOURABLE SMT JUSTICE JUWADI SRIDEVI
CRIMINAL REVISION CASE No.837 0F 2025
DATED l OTH DECEMBER, 2025
Between:
P. Gouthami
.. Petitioner
AND
The State of Telangana
represented by its Public Prosecutor
and another
... Respondents
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ORDER:
This criminal Revision case is filed by the petitioner- accused No.6 seeking to quash the impugned order dated 01.11.2025 passed in criminal Misceilaneous petition No.912 of 2025 in c.c.No.TT12 of 2022 by the learned ltl Additional Junior civil Judge-cum-Judicial Magistrate of First class, Hanumakonda, (hereinafter referred to as "the tearned Magistrate"). By the said impugned order, the learned lMagistrate dismissed the discharge petition filed by the petitioner under Section 239 of the code of criminal Procedure (for short 'Cr.P.C.').
q .!
02. Heard Sri Laxmaiah Kanchani, learned counsel for the petitioner and Sri M.Ramachandra Reddy, learned Additional Public Prosecutor appearing for the State- respondent No.1. Even after service of notice, none appeared on behalf of the unofficial respondent No.2. Perused the record.
03. Learned counsel for the petitioner submitted that the learned trial Court erroneousl;r 61"*'ssed the discharge application filed by the petitioner-accused No.6, despite the absence of any incriminating material to substantiate his involvement in the alleged offence. lt was fUrther contended that the name of the petitioner-accused No.6 does not find mention in the First tnformation Report. On these grounds, learned counsel prayed that this Criminal Revision Case be allowed and the petitioner-accused No.6 be discharged from the proceedings.
04. Learned Additional Public Prosecutor for the State submitted that there are specific allegations against the petitioner-accused No.6. lt was contended that the impugned t\ ( orderdoesnotsufferfromanyillegalityormaterial irregularity.ThelearnedAdditionalPublicProsecutorfurther submitted that the truth or otherwise of the allegations can be determinedonlyafterafull.fledgedtrialand,therefore, prayed for dismissal of this Criminal Revision Case'
05. Havingregardtothefactsandcircumstancesof thecase,anduponconsideringthesubmissionsadvanced bythelearnedcounseloneitherside,itisevidentfromthe recordthatthepetitioner-accusedNo.6isthewifeofaccused No.2andtheownerofM/s.VajrakavachaMillTechRice lndustries, Paidipally' As per Track Sheet No'879 dated 07.01 .2021, the petitioner-accused No.6 supplied 342 gunny bagsofpaddytothesaidmill,pursuanttowhichcertain amounts were credited into her ' bank account' The investigatingagencyhasfiledadetailedchargesheetand examinedaSmanyaSthirtywitnesses.Themajor allegationsarelevelledagainsttheaccusedNo.2,the material on record prima facie indicates financial transactions involving the petitioner-accused No'6' who is wife of the accusedNo'2.lntheconsideredviewofthisCourt,the issues raised involve disputed questions of fact, which are triable in nature. The truth or othenuise of the allegations can be adjudicated only upon completion of trial. At this stage, this Court does not find any illegality, impropriety, or material irregularity in the impugned order passed by the learned trial Court. Consequently, there are no grounds to interfere with the impugned order dated 01.11.2025, and the Criminal Revision Case is liable to be dismissed
06. Accordingly, the Criminal Revision Case is dismissed As a sequel, pending miscellaneous applications, if any, shall stand closed. /TRUE COPY// n" V. HARI PRASAD DEPUTY REGISTRAR
SECTION OFFICER To.
1. The lll Additional Junior civil Judge-cum-Judicial Magistrate of First class' Hanumakonda' - ,-^-: Ar.,aaar6 roPtlcl
2. One CC to siit-axmaiah Kanchani' Advocate [OPUC]
3. Two CCs to iubtic prose"rtoi,'ilgh ;;;l"tihe State of Telangana at HYderabad IOUTI
4. Two CD CoPies ABK .1,4t
Tl ll HIGH COURT JS,J DATED: 1011212025
ORDER
CRLRC.No.837 ot 2O25 DISMISSING THE CRIMINAL REVISION CASE lrlil S i.; '\- 23 [r[ P5 '::',1 i,^t-t{:f' Y ,.) ,'l