Parmeshwar Kondbarao Kyadalwar @ Balaji Kyadalwar v. The State of Telangana
Court: High Court for State of Telangana
Bench: TIRUMALA DEVI EADA
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2025-11-27. Parmeshwar Kondbarao Kyadalwar @ Balaji Kyadalwar v. The State of Telangana. Read the judgment...
Judgment text
I I IN THE HIGH COURT FOR THE STATE OF TELANGANA I AT HYDERABAD I THURSDAY, THE TWENTY SEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT. JUSTICE TIRUMALA DEVI EADA '15591 CRIMINAL PETITION NO: OF 2025 Between: Parmeshwar Kondbarao Kyadalwar @ Balaji Kyadalwar, S/o. Kondbarao Kyadalwar, Aged. 42 years, Occ. Private Employee, R/o Vitthalwadi, Himayathnagar, Nanded District, Maharashtra State-431 802. . Petitioner/Accused No. 2 AND The State of Telangana, Represented by its Public Prosecutor High Court of Telangana through Domalguda Police Station. ... RespondenUComplainant Petition under Section 528 of B. N. S. S. praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash FIR No. 341 of 2025, under sectionsl43(1) 8NS,3,4,5 PIT ACT of Domalguda Police Station. l. A. NO: 2OF 2025 Petition under Section 528 of B. N. S. S.
praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant stay of all further proceedings in pursuance of FIR No. 341 of 2025, registered with P. S. Domalguda, for the alleged offences under sectionsl43(1) BNS,3,4,5 PIT ACT, including not to arrest of the petitioner, pending disposal of the above Criminal Petition in the interest of justice. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Ms. Raheem Unnisa, Representing Sri Satyanarayana Dharmapuri, Advocate for the Petitioner and Sri V. Jithender Rao, Additional Public Prosecutor on behalf of the Respondent state. The Court made the following: ORDER THE HON'BLE SMT. JUSTICE TIRUMALA DE VlEADA CRIMINAL PETITION No. 15591 of 2cj ! ORDER:- - 1.
This Criminal Petition is filed under Section 28 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 seeking to quash the proceedings against the petitioner/accused No. 2 in ( rime No. 341 of 2025, on the file of Domalguda Police Station, Hyde. i bad, registered for the offences punishable under Section 143(1) of BNS and ,l956. Sections 3, 4 & 5 of lmmoral Traffic (Prevention) Act, 2. Heard Ms. Raheem Unnisa, learned counr; rl representing Sri D. Satyanarayana, learned counsel on r< cord for the petitioner/accused No. 2 as well as Sri Jitender Rao /eeramalla, the . re learned Additional Public Prosecutor appearing for respondent- State. 3. Learned petitioner's counsel submitted that th, , petitioner was present at the premises when the raid was conductr: I but he cannot be alleged to be customer or organizer. His mere rresence at the premises cannot make him liable facing prosecu:i ln without any such offence.
Therefore, continuation of proceedir gs against the \ petitioner would be abuse I of process \ of law. He thr: efore prayed to I quash the proceedings against the petitioner. \ 4. The learned Additional Public Prosecutor has submitted that the petitioner herein is accused No. 2 and he is alleged to be a sub-organizer and has been running the brothel house along with accused Nos. 1, 3 & 4 since one month and that the petitioner herein is absconding and hence prayed to dismiss the petition. 5. Perused the record. The recitals of the remand case diary reveal that accused No. 2 along with the other accused i. e. , accused Nos. 1, 3 & 4 has been running brothel house since one month along with one person by name Chemma Posi Raju and that they used to procure women sex workers and supply them to needy male customers for making good money. Thus, the recitals of charge sheet point out allegations against the petitioner that he was one of the organizers in the alleged crime.
The investigation is in progress. Thus, it is not just and proper to scuttle the same at this juncture Therefore, the petition lacks merits and the same is liable to be dism issed 6 ln the result, the Criminal Petition is dismissed. 7 Miscellaneous petitions pending, if any, shall stand closed. Sd/- L. VIJAYA LAXMI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1 . The X Addl. Chief Judicial Magistrate, at Secunderabad. 2. The Station House Officer, Domalguda Police Station, Hyderabad. 3. One CC to Sri. Satyanarayana Dharmapuri, Advocate G IOPUC] 4. Two CCs to Public Prosecutor, High Court for the State of Telangana. [OUT] 5. Two CD Copies. YIR /Dt, . -,. --i9' HIGH COURT DATED:2711112025 ) '+ )F +-cl v \* l. j , o )- LL :: ORDER '& 2n CRLP. No. 15591 of 2025 v llrH *: DISMISSING OF THE CRIMINAL PETIT'ION. q,C t
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