Mr. Devarapalli Devendra Babu

1 C.C No.4095 of 2018 (Fair)

IN THE COURT OF THE I ADDITIONAL JUNIOR CIVIL JUDGE -CUM-

XII ADDITIONAL JUDICIAL MAGISTRATE OF FIRST CLASS,

MEDCHAL-MALKAJGIRI DISTRICT, AT KUKATPALLY

Present:Sri. DEVENDRA BABU. D, I Additional Junior Civil Judge-cum- XII Additional Judicial Magistrate of First Class, Medchal-Malkajgiri District, at Kukatpally

MONDAY, 11TH DAY OF MAY, 2026

CALENDAR CASE No.4095 of 2018

Between: The State through The Sub Inspector of Police, Sanathnagar

...Complainant

A N D

A1.Beetkuri Uday Bhaskar S/o B. Prabhakar, Age 30 years, Occ: Pvt.Job, R/o H.No.3-516, Pillar No.143, Attapur, Ranga Reddy District

A2.Beetkuri Prabhakar, Age 60 years, Occ: LIC Agent, R/o H.No.3-516, Pillar No.143, Attapur, Ranga Reddy District

A3.Beetkuri Durgamma W/o B. Prabhakar, Age 55 years, Occ: Housewife, R/o H.No.3-516, Pillar No.143, Attapur, Ranga Reddy District

A4.Beeturi Harish S/o B. Prabhakar, Age 25 years, Occ: Student, R/o H.No.3-516, Pillar No.143, Attapur, Ranga Reddy District

...Accused No.1 to 4

This case is coming on 04-05-2026 for final hearing before me in the presence of learned Asst. Public Prosecutor for the State and D. Rajesh, Advocate,counsel for the accused, having been heard and having stood over for consideration till this day, the Court delivered the following:

I AJCJ – cum –XII AJMFC, M.M District, Kukatpally 2 C.C No.4095 of 2018 (Fair)

:: J U D G M E N T ::

1. The Sub-Inspector of Police, Sanathnagar Police Station filed a Charge Sheet in

Crime No.409/2018 against the accused No.1 to accused No.4 for the offence punishable under Section 498-A, 323 of Indian Penal Code and Sec.3 and 4 Dowry Prohibition Act.

2.The brief facts of the case are that:-

On 15-08-2018 at 1800 hours received a complaint from Lw.1 in which she stated that she married to B. Uday Bhaskar on 15.08.2014 and it was an arranged mar- riage performed by the family elders as per Hindu Religion Custom and rites at Neni Hi- tech Club, Old Airport Road, Bowenpally. At the time of her marriage her parents gave

Rs.15.50 lakhs cash and 40 tulas of gold jewellery in addition to articles ie.,one Air Con- ditioner, one refrigerator, LED TV, 2 dinner sets, dining table, crockery showcase, Almi- rah, King Size cot with bed, Dressing table. The said articles were handed over to her husband in the presence of her in-laws. After the marriage she joined her husband in the joint family house situated at Attapur, Hyderabad. The marriage got consummated on the same day, they lived happy for 3 months and after that, all of them including her hus- band started harassing her for the dowry given by her parents is insufficient and further demanded to get money to purchase a car. Her husband along with her in-laws started in- sulting her and stated that they have missed a match for her Husband who were willing to give more dowry. Her Husband's brother insulted her and told that the marriage was not performed up to their standard and the articles and cash given were also not suffi- cient. During her pregnancy her in-laws started abusing her and made her to do entire household work and her husband never bothered to care about her health she being preg- nant. She delivered son on 29.01.2016 (the son was born in 8 months) due to which he

I AJCJ – cum –XII AJMFC, M.M District, Kukatpally 3 C.C No.4095 of 2018 (Fair) was very week and her in laws were not happy and voiced that they will disown the new born child. As the child was born in 8 months, due to incomplete formation of the brain he behalves indifferently and does not understand the signs and gestures. Her in-laws along with her husband and his brother did not even allow her to enter into the house af- ter going to them with her new born child her husband and his mother abused her in most filthy language saying that they will not allow her to step in with the new born child as he was mentally retracted. The meetings were held before elders and her in-laws along with her husband heeded to the meeting and took her to their house promising that they would look after her and the new born child well. After joining them at their house the harassment even increased and they openly demanded additional dowry for accepting the new born child who was not well. On one day in the year 2017 at about 8 PM her husband quarreled with her and snatched the baby from her hands and abused her for giving birth to ill child. She was scared about her husband causing any harm to the baby and tried to stop her husband but he bet her mercilessly and challenged that he would get married again, and give birth to a healthy baby. She requested her husband to change his behavior but he never took care of her and continued his harassment. She was being ill- treated, humiliated and taunted by her husband every day on some pretext or other, thereby making her life miserable. Her in-laws always used to harass her saying that they have not given them enough dowry. Her husband continued to harass her physically and mentally making her life miserable. Her husband never used to allow her to go to her parents nor used to allow her parents to visit them. All the attempts made by her parents and her brothers to convince her husband to not to harass her. Her son was never looked after by anyone in the house and her in-laws and with her brother-in-law used to insti- gate her husband saying that no one in their family has such child for which her husband

I AJCJ – cum –XII AJMFC, M.M District, Kukatpally 4 C.C No.4095 of 2018 (Fair) used to beat her mercilessly. Her husband used to beat her at nights and demanded to get

additional dowry of Rs.5 Lakhs from her parents or else he would throw her and her

child out of the house, complainant with a fond hope that her husband would change, she tolerated all the harassment till March 2018 and thereafter returned to her mother's home when her husband beat her mercilessly. Her husband and in-laws ever since she came back did not even contact her or send any one to take her to home. All her belongings, gold ornaments and articles given at the time of marriage are at her in-laws place. Her husband only with a quest to enjoy her sexually and subject her to at most cruel sex, married her and thereafter deserted her. As all the attempts to save her matrimonial life failed inspite of the best efforts of her parents and bothers, she constrained to file this complaint to take necessary action against her husband. Four months back her husband has beaten her, black and blue and she got injury on her nose, due to which she came to her parents' house. She got treatment at Fathenagar Private Hospital. Since then, even af- ter several efforts, her husband and in-laws did not heed to any meetings and did not take any steps to take back her and her son to their house. Hence, the complaint.

3.Basing on the contents of the above complaint LW.9 registered a case in Cr.

No.409/2018, U/Sec.498-A, 323 of Indian Penal Code and Sec.3 and 4 Dowry Prohibi- tion Act and entrusted the investigation to LW.10. After completion of investigation

LW.9 filed charge sheet.

4.This Court took the cognizance for offence punishable under Section 498-A, 323 of Indian Penal Code and Sec.3 and 4 Dowry Prohibition Act against the accused No.1 to

4. On appearance of the accused persons, copies of the case records furnished to them as required under Section 207 Cr.P.C. Accused No.1 to 4 examined under Section 239

Cr.P.C for the offence punishable under Section 498-A, 323 of Indian Penal Code and

I AJCJ – cum –XII AJMFC, M.M District, Kukatpally 5 C.C No.4095 of 2018 (Fair)

Sec.3 and 4 Dowry Prohibition Act, the substance of the accusation was read over to them in vernacular language, for which they pleaded not guilty and claimed to be tried.

5.During the trial, the prosecution has examined PW.1 to PW.7 and got marked

Ex.P1 to Ex.P7 and Ex.D1 and Ex.D2. The evidence of LW.3 and LW.8 given up by the learned APPO. After closure of prosecution evidence, the accused persons were examined under section 313 of Criminal Procedure Code, and incriminating evidence is read over and explained to them, having understood the same, they denied the incriminating evidence and reported no defence evidence on their behalf.

6.Heard both sides. Perused the record.

7.The point for consideration is:-

“Whether the prosecution could prove the guilt of the accused No.1 to 4 for

the offence punishable under Section 498-A, 323 of Indian Penal Code and

Sec.3 and 4 Dowry Prohibition Act?”

POINT:

8. To prove its case the prosecution have examined PW.1 who is the complainant in this case deposed that on 15-08-2014 her marriage was performed with accused No.1 and at the time of her marriage her parents presented Rs.15.50 lakhs, 40 tulas gold and household articles to accused No.1. Immediately, PW.1 has joined the company of accused No.1 at Attapur and had a happy life for a period of three months. Later, accused

No.1 demanded additional dowry of Rs.5 lakhs and a car. Later, PW.1 delivered a baby boy who is preterm and the said baby boy was born with mental issues and seeing the same the accused persons did not let Pw.1 and her son into the family and used to compare the preterm boy with normal child. In the month of March 2018, the accused

No.1 physically assaulted PW.1 on the instigation of other accused persons, as such she

I AJCJ – cum –XII AJMFC, M.M District, Kukatpally 6 C.C No.4095 of 2018 (Fair) sustained injuries. PW.1 further deposed that accused persons never came to see PW.1 or her child. PW.1 also deposed that she waited that the attitude of the accused might change, but he did not change, as such she lodged the report in Police Station against the accused. In cross-examination of PW.1 she admitted that accused No.1 took his son to hospital for treatment for morethan one year, accused No.1 also gone into depression when his child is declared as mentally unsound.

9.Further, the prosecution has examined PW.2 who is the brother of the victim has deposed that in the year 2014, the Pw.1 was married to accused No.1 and both were blessed with a boy who is mentally and physically handicapped and he did not know what are the gifts the parents of PW.1 presented to accused persons and accused No.1 used to hit the PW.1 and necked out of her matrimonial house.

10.Further, the prosecution has examined Pw.3 who is the mother of the PW.1 has deposed that on 15-08-2014 her marriage was solemnized with accused person and the time of her marriage they have presented Rs.15,50,000/-, 40 tulas Gold and other household articles and immediately after the marriage the accused No.1 harassed PW.1, later they blessed with the boy who is having brain development issues, then accused persons started harassing Pw.1 and even did not accepted the new born boy, even after conducting panchayatas. In her cross-examination PW.3 admitted that accused no.1 lodged crime against PW.1 in P.S Rajender Nagar and she did not filed any document to show that dowry was given and also admitted that she did not state before Police that accused and his family members started harassing PW.1 and the distance between accused No.1 house and PW.3 house is 3 kms.

I AJCJ – cum –XII AJMFC, M.M District, Kukatpally 7 C.C No.4095 of 2018 (Fair)

11.Further, the prosecution examined PW.4 is the witness in this case has deposed that on 15-08-2014 accused No.1 was married to PW.1 and at the time of marriage

Rs.15,00,000/-, 40 tulas gold presented to accused No.1, immediately PW.1 joined the company of accused No.1. however, accused persons started harassing Pw.1 for demand of additional dowry later PW.1 was blessed with male boy who is having mental issues and in the year 2018 when PW.4 went to the house of PW.1 then accused No.1 hit PW.1 and threatened to neck her out if she did not honor the demand of additional dowry. In cross-examination of PW.4 admitted that he is friend of brother of PW.1.

12.Further PW.5 who is panch witness to the Crime Detail Form has deposed that in the year 2018 there was galata before Tiffin Shop at about 05.00 pm for which Police conducted panchanama in his presence as Ex.P2. The cross-examination of PW.5 admitted that he came to the court today along with PW.2.

13.Further, prosecution examined Pw.6 who is the panch witness for scene of offence panchanama deposed that on 15-08-2018 police conducted panchanama in his presence as the galata held between PW.1 and accused No.1.

14.Further, the persecution has examined Pw.7 who is the Investigating Officer in this case deposed that basing on the report lodged by Pw.1 he registered the crime as

Ex.P3. Later examined and recorded the statement of PW.1 and visited the Scene of

Offence and conducted Scene of Offence Panchanama in presence of LW.6 and 7 later examined PW.2 to 4, LW.3. Later, on 20-08-2018 accused surrendered before him and remanded to Judicial Custody, later he filed charge sheet.

15.As it could be seen from the above evidence that all the witnesses supporting the case of the prosecution. However, Pw.2, PW.3 and PW.4 came to know about the alleged

I AJCJ – cum –XII AJMFC, M.M District, Kukatpally 8 C.C No.4095 of 2018 (Fair) offence and about the harassment of accused No.1 and his family members on PW.1 only through PW.1, as such the evidences of Pw.2 to PW.4 are hearsay evidences and can’t be soley relied upon. Further, Pw.2 to Pw.4 has no where deposed any incriminating material against accused No.2 to accused No.4. In an offence like Sec.498-

A IPC, the Scene of Offence Panchanama does not play any crucial role for conviction of accused except showing the rough sketch of Scene of offence.

16.Now, coming to the evidence of PW.1 who is the victim in this case has clearly deposed that accused No.1 and his family members have demanded additional dowry but neither Pw.1 nor PW.2, PW.3 and PW.4 have filed any document to prove the same. The prosecution have also failed to examine any eye witness who were present at the time of giving dowry by PW.1 or by her parents and the same is also admitted by Pw.3 in her cross-examination. Pw.1 also deposed that she have physically harassed by accused No.1 upon the instigation of other accused persons in the month of March 2018, but has failed to file any Medical Certificate. When the complainant in Ex.P1 has reported that she has taken treatment in Fathenagar Hospital, she would have filed medical record along with original report and she has also failed to depose how accused No.1 harassed or physically assaulted PW.1 and simply made omibus allegations. In this regard law is very clear that legal process upon an omibus allegations without reference to the specific date is an abuse of law.

17.PW.4 also deposed that in his presence accused No.1 hit PW.1 and threatened to neck her out but in cross-examination of PW.4 he admitted that he is the friend of brother of PW.1 as the evidence of PW.4 is an interested witness. Further, PW.1 in her evidence she deposed that accused persons harassed her mentally stating that she gave birth to a child who has mental issues and to prove the same Pw.1 filed Ex.P6 and Ex.P7

I AJCJ – cum –XII AJMFC, M.M District, Kukatpally 9 C.C No.4095 of 2018 (Fair) which shows that her son is having serious development issues but failed to prove that she was harassed by accused no.1 and her in laws because she has given birth to a baby boy who has mental issues, as she has not made any specific reference incidents in her chief evidence, this court hold that PW.1 being harassed by accused No.1 to accused

No.4 as she gave birth to unsound child is not prove. Thus, this Court holds that the prosecution was miserably failed to prove the guilt of the accused beyond all reasonable doubts. As such, accused is entitled for acquittal.

18.In the result, the accused No.1 to accused No.4 found not guilty for the offence punishable U/Sec.498-A, 323 of Indian Penal Code and Sec.3 and 4 of Dowry

Prohibition Act and they are acquitted of the said offence U/Sec.248 (1) of Cr.P.C. The bail bonds of the accused persons shall remain in force for a period of six months as contemplated U/Sec.437-A of Cr.P.C.

Dictated to stenographer, transcribed by her, corrected and pronounced by me in the open

Court on this 11 th day of May, 2026.

Sd/-

I Additional Junior Civil Judge-cum- XII Additional Judicial Magistrate of First Class, Medchal-Malkajgiri District, at Kukatpally.

I AJCJ – cum –XII AJMFC, M.M District, Kukatpally 10 C.C No.4095 of 2018 (Fair)

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

FOR THE PROSECUTION: FOR THE DEFENCE

PW1: B. Alekya-NIL- PW2: Ravula Venu PW3: Ravula Chandrakala PW4: Nallamothu Venkat Rao PW5: Uppunuthala Narsingh PW6: A. Viveknand PW7: K Krishna (I.O)

EXHIBITS MARKED

FOR THE PROSECUTION: Ex.P1 is the Complaint Ex.P2 is the Scene of offence panchanama Ex.P3 is the First Information Report Ex.P4 is the marriage card Ex.P5 is the Marriage photographs Ex.P6 is the Certificate person with Disability of PW.1’s son Ex.P7 is the Psychological Report of PW.1’s son

FOR THE DEFENCE:

Ex.D1 is the Certified copy of FIR

Ex.D2 is the Certified copy of charge sheet

Material Objects -NIL-

Sd/-

I Additional Junior Civil Judge-cum- XII Additional Judicial Magistrate of First Class, Medchal-Malkajgiri District, at Kukatpally.

I AJCJ – cum –XII AJMFC, M.M District, Kukatpally 11 C.C No.4095 of 2018 (Fair)

FORM No.73

IN THE COURT OF THE I ADDITIONAL JUNIOR CIVIL JUDGE -CUM-

XII ADDITIONAL JUDICIAL MAGISTRATE OF FIRST CLASS,

MEDCHAL-MALKAJGIRI DISTRICT, AT KUKATPALLY

Judgment in Calendar Case No.4095 of 2018 1Name of Complainant:: The State through Sub-Inspector of Police, P.S. Sanathnagar 2Name of Accused persons :: A1.Beetkuri Uday Bhaskar S/o B. Prabhakar

A2.Beetkuri Prabhakar

A3.Beetkuri Durgamma W/o B. Prabhakar

A4.Beeturi Harish S/o B. Prabhakar 3Nature of Offence:: Sec.498-A, 323 of Indian Penal Code and Sec.3 and 4 of Dowry Prohibition Act 4Finding:: Found not guilty 5Sentence :: Acquitted 6Date of Occurrence of offence:: 15-08-2018 7Date of Complaint:: 15-08-2018 8Date of 239 of Cr.P.C served on :: 24-09-2019 Accused NO.1 to 4 9Date of Commencement of trial:: 14-10-2019 10Date of Closure of trial:: 07-07-2025 11Date of Sentence or Order:: 11-05-2026 12Explanation of delay:: ---

Sd/-

I Additional Junior Civil Judge-cum- XII Additional Judicial Magistrate of First Class, Medchal-Malkajgiri District, at Kukatpally.

I AJCJ – cum –XII AJMFC, M.M District, Kukatpally

1 of 10 C.C No.1293 of 2020 (fair)

IN THE COURT OF THE I ADDITIONAL JUNIOR CIVIL JUDGE -CUM-

XII ADDITIONAL JUDICIAL MAGISTRATE OF FIRST CLASS,

MEDCHAL-MALKAJGIRI DISTRICT, AT KUKATPALLY

Present:Sri. D. DEVENDRA BABU, I Addl. Junior Civil Judge-Cum- XII Addl. Judicial Magistrate of First Class, Medchal-Malkajgiri District, at Kukatpally

FRIDAY, 15TH DAY OF MAY, 2026

CALENDAR CASE No.1293 of 2020

Between: The State through The Sub Inspector of Police, Sanathnagar … Complainant

A N D

A1.Bojja Venkata Ramesh S/o Apparao, Age 36 years, Occ: Unemployee, R/o H.No.13-1-55/7/1, Avanthinagar, Mothinagar, Babbuguda.

N/o H.No.36-289/19/1, NH-5 Road, Kancharapalem, Visakhapatnam

A2.Bojja Apparao @Gunababu S/o Demudu, Aged about 60 years, R/o H.No.36-289/19/1, NH-5 Road, Kancharapalem, Visakhapatnam …Accused No.1 and 2

This case is coming for final hearing before me on 08-05-2026 in the presence of learned Asst. Public Prosecutor for the State and S. Kishore Kumar, counsel for the accused No.1 and 2, having been heard and having stood over for consideration till this day, the Court delivered the following:

:: J U D G M E N T ::

1. The Sub-Inspector of Police, Sanathnagar Police Station filed a Charge Sheet in

Crime No.473/2019 against the accused No.1 and 2 for the offence punishable under

Section 498-A of Indian Penal Code and Sec.3 and 4 of Dowry Prohibition Act.

I AJCJ – cum –XII AJMFC, Kukatpally 2 of 10 C.C No.1293 of 2020 (fair)

2. The brief facts of the case are that:-

(i)On 03-10-2019 at 1500 hours received a complaint from Lw.1 in which she stated that at about three years back she got married to Venkata Ramesh. After marriage they stayed four months in her in-laws house at Vizag, later they shifted to Hyderabad for doing job, but they did not get any job and they stayed at her own sister’s house at

Padmarao Nagar, Secunderabad for one year and her husband used to stay idle in house, if she asked the same he quarreled with her and demanded dowry. About one year back they shifted to Avanthinagar, Mothinagar due to quarrels at her sister’s house, but there is no change in his attitude. He made small things as big and harassed her physically and mentally. Her father in law Apparao @Gunababu supported her husband and used to abuse her over phone and used to say his son will not change, if she like stay there other- wise he will perform another marriage to his son and her husband stated that he do not want her, if he get another marriage, he will get 25 lakhs dowry and he demanded her to bring dowry from her parents house. Hence, the complaint.

(ii)Basing on the contents of the above complaint Lw.10 registered a case in crime

No.473 of 2019, U/Sec.498-A of IPC and Sec.3 and 4 fo D.P Act and entrusted the file to

Lw.9 for further investigation.

(iii)During the course of investigation, LW.9 examined the LW.1, LW.2 to Lw.6 and recorded their statements and later visited the Scene of Offence and caused enquiries and secured the presence of two mediators ie.,Lw.7 and LW.8. As per the statements of LW.5 and LW.6 the evidence has been established against accused no.1 and accused No.2 and they stated that off and on Accused No.1 used to beat the complainant and sometimes found dump injury on her face. As per their statements the section of law 323 IPC has

I AJCJ – cum –XII AJMFC, Kukatpally 3 of 10 C.C No.1293 of 2020 (fair) been added to Sec.498-A of IPC and Sec.3 and 4 fo D.P Act.

(iv)While the investigation under progress on 06-11-2019 accused No.2 and on 27- 12-2019 accused No.1 released on bail. Lw.9 has collected LW.1 marriage photos. As per the statements of Lw.2 to LW.6 the evidence has been established against accused no.1 and accused No.2. After completion of investigation LW.9 filed the charge sheet.

3.This Court took the cognizance for offence punishable under Section 498-A, 323

R/w 34 of Indian Penal Code and Sec.3 and 4 of Dowry Prohibition Act against the accused No.1 and 2. On appearance of the accused persons, copies of the case records were furnished to them as required under Section 207 Cr.P.C. Accused No.1 and 2 was examined under Section 239 Cr.P.C for the offence punishable under Section 498-A, 323 of Indian Penal Code and Sec.3 and 4 of Dowry Prohibition Act, the substance of the accusation was read over to them in vernacular language, for which they pleaded not guilty and claimed to be tried.

4.During the trial, the prosecution has examined Pw.1 to PW.5 and got marked

Ex.P1 to Ex.P8. The evidence of LW.4 closed on the basis of report and the evidence of

LW.5 closed on the basis of report along with Death certificate filed by the concerned

Station House Officer and the evidence of LW.6 given up by the learned APPO. After

Closure of the prosecution evidence, the accused No.1 to 3 was examined under section 313 of Criminal Procedure Code, and incriminating evidence is read over and explained to them, having understood the same, they denied the incriminating evidence and reported no defence evidence on their behalf.

5.Heard both sides. Perused the record.

I AJCJ – cum –XII AJMFC, Kukatpally 4 of 10 C.C No.1293 of 2020 (fair)

6. The point for consideration is:-

“Whether the prosecution could prove the guilt of the accused No.1 and 2

for the offence punishable under section 498-A of Indian Penal Code and

Sec.3 and 4 of Dowry Prohibition Act ?”

POINT:

7. To prove its case, the prosecution has examined PW.1, who is the complainant in this case, has deposed that LW2 and LW.3 are her parents and LW4 is her sister. On 01- 02-2017 her marriage was solemnized with accused No.1 and their marriage is love marriage. Immediately after the marriage, both shifted to Visakhapatnam to her in-laws house, and accused No.1 and accused no.2 and elder son of accused No.2 all resides in her matrimonial house and PW1 came to know after the marriage that accused No.1 is not doing any work. Later, after four months, accused No.1 went to the sister's house of

PW1 for employment and accused No.1 and PW1 resides in the house of her sister for a period of one year, but accused No.1 did not secure any job. Then, Accused No.1 started harassing PW1 physically and mentally and demanded additional dowry. Thereafter,

Accused No. 1 took rented house and both stayed in Mothi Nagar. Even then, Accused

No.1 did not change his attitude and demanded additional dowry of Rs.25,00,000/-.

Later, father of PW1 transferred Rs.5,75,000/- to the accounts of Accused No.1 and 2 and even then, there was no change in Accused No.1. PW1 further deposed that, upon provocation of accused persons, accused No.1 used to hit PW1 for small issues and also threatened that he will get married another woman. Later, in the month of September 2019, accused No.1 manhandled PW1 as such, PW1 lodged the report in Police Station as Ex.P1. In cross-examination PW.1 admitted that, she has not stated regarding dowry in her report and has not filed medical certificate to show that she was physically harassed by accused persons. Further, PW1 also admitted that she has not mentioned the

I AJCJ – cum –XII AJMFC, Kukatpally 5 of 10 C.C No.1293 of 2020 (fair) specific date and time of harassment done to her by the accused persons.

8.Further prosecution has examined PW2, who is the father of complainant has deposed that in the year 2016, accused No.2 came his house for marriage alliance to her daughter with accused No.1 and demanded dowry of Rs.25 lakhs. Further, PW2 agreed to give Rs.5 lakhs cash and 12 tulas of gold and Rs.75,000 for marriage expenses to accused No.1. The marriage of PW1 and accused No.1 performed on 01-02-2017 and after the marriage PW1 and accused No.1 resides at the parent’s house of accused No.1 for period of 4 months, later shifted to sister's house of PW1 and stayed there for 9 months. Later, they moved to a rented house in Motinagar. Then, PW1 was harassed by accused persons and have demanded additional dowry and the same is also supported by accused No.2. PW.2 further deposed that he has transferred an amount of Rs.5,75,000/- to accused persons to honour the demand of dowry, even then accused persons hit PW1.

Later PW1 then admitted in hospital for treatment. In cross-examination PW2 admitted that PW1 did not stated regarding demand of additional dowry in Ex.P1 or filed medical certificate of PW1.

9.Further prosecution examined PW3, who is sister of PW1, has deposed that in the year 2016, accused No.2 came to their house for marriage alliance of PW1 with accused

No.1 and demanded dowry of Rs.25 lakhs, for which PW2 agreed to give Rs.5 lakhs, 12 tulas of gold and Rs.75,000/- for marriage expenses to accused No.1 and performed marriage of accused no.1 with PW1 on 01-02-2017. Later, after the marriage, PW1 and accused No.1 stayed in the house of accused No.1's parents for a period of four months.

Later shifted to house of the PW3 and stayed there for ten months. Later, PW3 came to know through her neighbors that accused No.1 used to harass PW1 by beating her on demand of additional dowry and the same also supported by accused No.2. Later PW1

I AJCJ – cum –XII AJMFC, Kukatpally 6 of 10 C.C No.1293 of 2020 (fair) and accused No.1 shifted to Motinagar.

10.Further prosecution has examined PW4 who is the panch witness to the scene of offense panchanama, has deposed that in the year 2019, police conducted scene of offense panchanama regarding family disputes between husband and wife and prepared rough sketch as Ex.P7.

11.Further prosecution has examined PW5 who is the investigating officer in this case, has deposed that basing on the report lodged by complainant LW.9 registered a case as Ex.P8 and during course of investigation LW.10 examined and recorded statement of Pw.1. Later, visited scene of offence and conducted scene of offence panchanama. Later, examined Pw.2, PW.3, LW.3, LW.5 and LW.6 and recorded their statements. Later on 06-11-2019 accused No.2 surrendered before the court and released on bail. Later on 27-12-2019 accused No.1 surrendered and was released on bail. Later after completion of investigation filed charge sheet. In cross-examination Pw.5 admitted that he has not filed any document to show dowry was given to the accused at the time of marriage of Pw.1 and he has not examined any neighbors of house of Pw.1 sister.

PW.5 further admitted that he has not obtained any documents to show that accused physically harassed PW.1.

12.As it could be seen from the above evidences that, Pw.1 to PW.3 are completely supporting the case of the prosecution and corroborating evidence with each other.

However, the evidence of PW.2 and Pw.3 are heresay as they came to know about the harassment of accused No.1 only through PW.1. Further, PW.3 also deposed that she came to know through the neighbours of her house that accused no.1 harassed PW.1 physically, as such evidence of PW.2 and Pw.3 requires proper scrutiny and also requires corroboration. PW.1 in her evidence has deposed that accused No.1 used to harass her on

I AJCJ – cum –XII AJMFC, Kukatpally 7 of 10 C.C No.1293 of 2020 (fair) petty issues and has demanded additional dowry of Rs.5,75,000/-. On perusal of the bank statements of PW.1 this court finds that few amounts were credited to the accused no.1 and other accused persons, but, mere statements reflecting the transactions between the accused persons account and the Pw.2 or PW.1 can not be presumed that the said amount was only transferred to honor the demand of additional dowry.

13.Pw.2 and Pw.3 also deposed that, at the time of PW.1 marriage they have given

Rs.5,00,000/-, 12 tulas gold but has not filed any document to show that the same and not examined any witnesses who were present at the time of giving dowry. With regard to the physical harassment alleged to be made against PW.1, PW.1 deposed that in the month of September 2019 accused No.1 man-handeled PW.1 and previously also on petty issues accused No.1 used to hit PW.1. However, in cross examination, Pw.1 admitted that she has not filed any medical certificate to show that she has physically injured, similarly PW.2 has deposed in his chief affidavit that, due to the harassment of accused No.1, PW.1 was injured and was admitted in the hospital but has not filed any medical certificate’s to prove the same. On the other hand, PW.3 has deposed that she came to know through her neighbours that accused harassed PW.1 by hitting her, but who are the neighbours was not deposed by Pw.3 or Pw.5. Further, PW.5 also admitted in his cross-examination that he has not examined the neighbours of house of PW.3.

Further, it is admitted by Pw.1 that there was no specific date and time of harassment done to her by accused No.1 mentioned in her chief affidavit and PW.1 simply made general and vague allegations against accused No.1 and it is settled law that omnibus allegations regarding harassment and legal process against the same is abuse of law.

Thus, in view of above discussions and settled principal of law, this Court hold that the prosecution was miserably failed to prove the guilt of the accused persons beyond all

I AJCJ – cum –XII AJMFC, Kukatpally 8 of 10 C.C No.1293 of 2020 (fair) reasonable doubts. Therefore, accused persons are entitled for acquittal.

14. In the result, the accused No.1 and 2 found not guilty for the offence punishable under Section 498-A, 323 of Indian Penal Code and Sec.3 and 4 of Dowry Prohibition

Act and they are acquitted under Section 248 (1) Cr.P.C. The bail bonds of accused persons shall be in force for a period of six months as contemplated U/Sec.437-A Cr.P.C.

Dictated to stenographer, transcribed by her, corrected and pronounced by me in the open

Court on this the 15 th day of May, 2026.

Sd/-

I Additional Junior Civil Judge-cum- XII Additional Judicial Magistrate of First Class, Medchal-Malkajgiri District, at Kukatpally.

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

FOR THE PROSECUTION: FOR THE DEFENCE:

PW1: B. Lavanya -NIL-

PW2: Lanka Chinna Venkateswara Rao

PW3: Lanka Nalini

PW4: V Tulasi

PW5: M. Narasimha Goud (I.O)

EXHIBITS MARKED

FOR THE PROSECUTION:

Ex.P1 is the Report

Ex.P2 is the Two marriage photographs

Ex.P3 is the Marriage wedding card

Ex.P4 is the Bank Statement of Pw.1

Ex.P5 is the Bank Statement of Pw.2

Ex.P6 is the marriage certificate of PW.1 and accused no.1

I AJCJ – cum –XII AJMFC, Kukatpally 9 of 10 C.C No.1293 of 2020 (fair)

Ex.P7 is the Scene of offence panchanama along with rough sketch

Ex.P8 is the First Information Report

FOR THE DEFENCE:

-NIL-

Material Objects -NIL-

Sd/-

I Additional Junior Civil Judge-cum- XII Additional Judicial Magistrate of First Class, Medchal-Malkajgiri District, at Kukatpally.

I AJCJ – cum –XII AJMFC, Kukatpally 10 of 10 C.C No.1293 of 2020 (fair)

FORM No.73

IN THE COURT OF THE I ADDITIONAL JUNIOR CIVIL JUDGE -CUM-

XII ADDITIONAL JUDICIAL MAGISTRATE OF FIRST CLASS,

MEDCHAL-MALKAJGIRI DISTRICT, AT KUKATPALLY

Judgment in Calendar Case No.1293 of 2020 1Name of Complainant:: The State through Sub-Inspector of Police, P.S. Sanathnagar 2Name of Accused:: A1.Bojja Venkata Ramesh S/o Apparao

A2.Bojja Apparao @Gunababu S/o Demudu 3Nature of Offence:: Sec. 498-A, 323 of Indian Penal Code and Sec.3 and 4 of Dowry Prohibition Act 4Finding:: Found not guilty 5Sentence :: Acquitted 6Date of Occurrence of offence:: 03-10-2019 7Date of Complaint:: 03-10-2019 8Date of 239 of Cr.P.C served on :: 23-07-2024 Accused persons 9Date of Commencement of trial:: 20-08-2024 10 Date of Closure of trial:: 10-03-2026 11 Date of Sentence or Order:: 15-05-2026 12 Explanation of delay:: ---

Sd/-

I Additional Junior Civil Judge-cum-

XII Additional Judicial Magistrate of First Class, Medchal-Malkajgiri District, at Kukatpally.

I AJCJ – cum –XII AJMFC, Kukatpally

1 of 11 C.C No.2865 of 2018 (fair)

IN THE COURT OF THE I ADDITIONAL JUNIOR CIVIL JUDGE -CUM-

XII ADDITIONAL JUDICIAL MAGISTRATE OF FIRST CLASS,

MEDCHAL-MALKAJGIRI DISTRICT, AT KUKATPALLY

Present:Sri. DEVENDRA BABU. D, I Addl. Junior Civil Judge-Cum- XII Addl. Judicial Magistrate of First Class, Medchal-Malkajgiri District, at Kukatpally

TUESDAY, 12TH DAY OF MAY, 2026

CALENDAR CASE No.2865 of 2018

Between: The State through The Sub Inspector of Police, Sanathnagar … Complainant

A N D

A1.Shyab Ahmed Qurishi S/o Masood Ahmed Qurishi, Age 39 years, Occ: Driver, R/o H.No.8-4-378/7, New Sastri Nagar, Erragadda

A2. Mohammed Mustafa Ali S/o Md Zulfaqiar Ali, Age 31 years, Occ: Business, R/o H.No.8-4-544/74/4/A, Sanjay Nagar, Erragadda, Sanathnagar

A3.Mohd. Ghouse S/o Md. Kareem, Age 37 years, Occ: Supervisor, R/o H.No.8-4-376/22/1, New Sastri Nagar, Erragadda

A4.Md. Showkath Ali S/o Late Md. Sabber Ali, Age 37 years, Occ: Teacher, R/o H.No.8-4-544/74/98, Sanjay Nagar, Erragadda, Sanathnagar

A5.Syed Mobin S/o Syed. Chand, Age 29 years, Occ:Electrician, R/o H.No.H.No.8-4-544/74/57, Sanjay Nagar, Erragadda, Sanathnagar

A6.Md Shareef Khan S/o Osman Khan, Age 50 years, Occ: Business, R/o Kabeer Nagar, Motinagar, Sanathnagar

A7.Mirza Fazal Baig, S/o Mirza Afzal Baig, Age 42 years, Occ: Business, R/o B. Shankarlal Nagar, Erragadda, Sanathnagar

A8.Shaik Salahuddin S/o ShaikAbdul Rasheed, Age 45 years, Occ: Business, R/o H.No.8-4-544/591/1/30/2, Erragadda, Sanathnagar …Accused No.1 to 8

I AJCJ – cum –XII AJMFC, Kukatpally 2 of 11 C.C No.2865 of 2018 (fair)

This case is coming on 05-05-2026 for final hearing before me in the presence of learned Asst. Public Prosecutor for the State and Md. Khaleel Pasha, counsel for the accused, having been heard and having stood over for consideration till this day, the Court delivered the following:

:: J U D G M E N T ::

1. The Sub-Inspector of Police, Sanathnagar Police Station filed a Charge Sheet in

Crime No.191/2018 against the accused No.1 to 8 for the offence punishable under Sec- tion 427, 323, 506, 452 r/w 34 of Indian Penal Code.

2. The brief facts of the case are that:-

On 17-04-2018 at 1700 hours received a complaint from LW.1 in which he stated that, 18 years back he took a shutter for rent at Meter Factory Road, Shop No.2, H.No.8- 4-379, Opp Janapriya Apartments and running Royal Printing Press which was related to

Masjid-e-sulthan Bagh, and every month he is paying rent in between 5th to 15th to

Masjid committee, Masjid committee people and waqf board people did not told him to vacate the shutter and did not give any notices to vacate. On 17-04-2018 at 1300 hours some persons Shoib Ahmad Qureshi, Musthafa Baig, Mohd Ghouse, Sharif Khan,

Musthafa, Showkath and some other persons illegally trespassed into his printing press and caught hold him and his son Issaq and his brother Mohammed Jakeer’s shirt collars and beaten them with hands by saying, from now onwards they should not run printing press and pushed them out from the shop and they damaged his printing press machine, orders book, Binding books, broachers and articles on road. They also threatened him by saying that if he goes to P.S and complaint against them, they will kill them after coming out. Hence the complaint.

I AJCJ – cum –XII AJMFC, Kukatpally 3 of 11 C.C No.2865 of 2018 (fair)

3.Basing on the contents of the above complaint LW.9 registered a case in Cr.

No.191/2018, U/Sec.427, 323, 506, 452 R/w 34 of Indian Penal Code, and entrusted to

LW.10 for further investigation. After completion of investigation Lw.10 filed the charge sheet.

4.This Court took the cognizance for offence punishable under Section 427, 323, 506, 452 of Indian Penal Code against the accused No.1 to 8. On appearance of the ac- cused persons, copies of the case records furnished to him as required under Section 207

Cr.P.C. Accused No.1 to 8 was examined under Section 239 Cr.P.C for the offence pun- ishable under Section 427, 323, 506, 452 r/w 34 of Indian Penal Code, the substance of the accusation was read over to them in vernacular language, for which they pleaded not guilty and claimed to be tried.

5.During the trial, the prosecution has examined Pw1 to Pw.7 and got marked

Ex.P1 to Ex.P6 and MO1. The evidence of LW.5, LW.7, LW.9 and LW.11 given up by learned APPO. After closure of prosecution evidence, the accused No.1 to 8 examined under section 313 of Criminal Procedure Code, and incriminating evidence is read over and explained to them, having understood the same, they denied the incriminating evidence and reported no defence evidence on their behalf.

5.Heard both sides. Perused the record.

6. The point for consideration is:-

“Whether the prosecution could prove the guilt of the accused No.1 to 8 for

the offence punishable under section 427, 323, 506, 452 r/w 34 of Indian

Penal Code ?”

POINT:

7. To prove its case, the prosecution have examined PW.1 who is complainant in

I AJCJ – cum –XII AJMFC, Kukatpally 4 of 11 C.C No.2865 of 2018 (fair) this case has deposed that, on 17-04-2018 at about 01:00 pm all the accused persons entered into the shop No.2 and 3 situated at Erragadda and dragged PW.1 out of his shop by caught hold his color. He further deposed that the accused persons threaten him and thrown out cutting machine, upset machine, purpression machine and other machines and also threaten to kill him if he approach police as Ex.P1 and submitted certified copy of order in I.A No.214 of 2018 in O.S No.26 of 2018 which is marked as Ex.P2. In cross-examination PW.1 admitted that he has filed Stay Order in I.A no.214 of 2018 after six months of alleged offence and also admitted that police did not examine or recorded his statement.

8.Further, the prosecution examined PW.2 who is the eye witness in this case has deposed that on 17-04-2018 while he was in his shop and working, accused persons along with some other persons entered into shop and necked Pw.2 out and also the accused persons thrown the bill books, stationary items and machinery and threatened

PW.1. Further, Pw.2 deposed that accused persons hit Pw.2 and LW.3 with their hands and few demolished the walls of the shop and removed the electricity meter and he has recorded the entire incident in his mobile phone and also filed 65-B certificate as Ex.P4.

In cross examination PW.2 admitted that he has not filed medical certificate to show that he has sustained injuries, also admitted that he has not stated before the Police that he videographed the alleged incident and took photographs.

9.Further prosecution examined PW.3 who is the eye witness has deposed that on 17-04-2018 while he was working in the shop accused persons entered into shop and thrown out machines and threatened PW.1 and 2. The cross examination PW.3 admitted that he has not given any documents to police to show that he is working in the shop of

I AJCJ – cum –XII AJMFC, Kukatpally 5 of 11 C.C No.2865 of 2018 (fair)

PW.1.

10.Further the prosecution examined PW.4 who is the eye witness in this case has deposed that at about 8 years back he went to the shop of PW.1 then nearly 30-35 people entered into shop and through out articles and machinery out of the shop. Witness identified who are standing before the Court. In cross examination PW.4 admitted that

Police did not examine or record his statement.

11.Further, the prosecution examined Pw.5 who is witness in this case has turned hostile and deposed that he do not know accused persons. Learned APPO cross examined PW.5 at a length but no useful material could be elicited from the evidence of

PW.5.

12.Further prosecution examined PW.6 who is panch witness of scene of offence panchanama has deposed that on 17-04-2018 upon the instructions of Police PW.6 singed on some papers in respect of some galata as Ex.P5.

13.Further prosecution examined Pw.7 who is Investigating Officer deposed that on 17-04-2018 basing on the report lodged by Pw.1 he registered crime in Ex.P6. Later examined PW.1 and visited scene of offence and conducted scene of offence panchanama and examined and recorded the statements of Pw.2, PW.3 and PW.5, later issued 41-A Cr.P.C notice to accused No.1 to accused No.5 on 19-04-2018. Later, on 19- 04-2018, Pw.7 arrested accused No.1 and accused No.3 and remanded them to Judicial

Custody. Later on 03-05-2018 accused No.2, accused No.4 and accused No.7 came to

Police station and surrendered before PW.7 and later released on bail. Later examined and recorded the statements of PW.4, LW.7 and filed the charge sheet. In cross

I AJCJ – cum –XII AJMFC, Kukatpally 6 of 11 C.C No.2865 of 2018 (fair) examination PW.7 admitted that he has not filed rental agreement or collected CCTV

Footage of the alleged offence. PW.7 also admitted that PW.1 and PW.3 are real brothers and PW.2 is son of PW.1. PW.7 also admitted that he has not examined any independent witness or seized any material which were thrown out of the shop. Pw.7 further admitted that PW.4 is the brother in law of PW.1.

14.As it could be seen from the above evidences that, all of the witnesses PW.1,

PW.2, PW.3 and PW.4 are supporting the case. However, it is admitted by PW.7 that

PW.2 to PW.4 are all relatives of PW.1, as such the evidence of PW.1 to 4 has to be carefully scrutinized. On perusal of evidence of PW.2 who deposed that accused persons came to shop of PW.1 and hit him and thrown the material out of the shop of PW.1, but in the cross examined of PW.2, he admitted that he has not filed any medical certificate to that affect that he was received injuries. Further, PW.2 has also deposed in his statement that he has videographed the incident and issued 65-B Certificate. Further, on perusal of 161 Cer.P.C Statement of Pw.2 there is no mention of record of incident in mobile phone and issuance of 65-B Certificate and the same is also admitted by the

PW.2 in his cross examination, as such Ex.P4 is not proved as the said statement is improvement made by Pw2 in his chief affidavit.

15.Further, PW.3 and Pw4 has also supporting the case of the prosecution, but the prosecution has failed to get the accused identified by PW.3 in the open Court. Further,

Pw.4 has simply identified the three accused persons, whereas total accused persons are eight and there is no clarity whom Pw3 has identified in the open Court. Further, PW.4 also admitted that he was not examine by the Police or his statement was recorded by the

Police. Further, PW.5 turned hostile by deposing that he do not know accused persons.

I AJCJ – cum –XII AJMFC, Kukatpally 7 of 11 C.C No.2865 of 2018 (fair)

Further PW.6 has turned hostile as he is no way deposed that police conducted panchanama in his presence and he simply deposed that he signed on some papers as such recording of panchanama dated 17-04-2018 is not to be true.

16.Now, coming to the evidence of PW.1 who is the complainant in this case has deposed that accused hit him and accused persons 2 and 3 caught hold of his color and dragged him out and thrown the machinery out of the shop and threatened to kill him. He has filed photographs as Ex.P3 and MO1 of the same but the same is not proved as

Ex.P4, the 65-B certificate not proved as discussed earlier. Further, this Court is of the opinion that PW.1 even seriously contesting the case can not be a sole evidence for conviction as the same has not supported by any independent witnesses. Further, PW.7 also admitted that he has not examined any independent witness or secure CCTV

Footage. Further, in an offence punishable u/sec.427, 452 IPC the prosecution has to be able to prove that the complainant is in the possession of said shop, but to prove the same prosecution has not filed any document or examined any oral independent witness to that affect and the same is also admitted by PW.7 in his cross-examination. Further, none of the witnesses have deposed, the words with which accused persons have threaten PW.1 to attract the punishable offence u/Sec.506 of IPC and no medical certificate produced or independent witness evidence was adduced to prove the offence punishable U/Sec.323 of IPC. As such for the above said reasons this Court holds that the prosecution was miserably failed to prove the guilt of the accused persons beyond all reasonable doubts. Therefore, accused persons are entitled for acquittal.

I AJCJ – cum –XII AJMFC, Kukatpally 8 of 11 C.C No.2865 of 2018 (fair)

17. In the result, the accused No.1 to 8 found not guilty for the offence punishable under Section 427, 323, 506, 452 r/w 34 IPC and they are acquitted under Section 248 (1) Cr.P.C. The bail bonds of accused persons shall be in force for a period of six months as contemplated U/Sec.437-A Cr.P.C.

Dictated to stenographer, transcribed by her, corrected and pronounced by me in the open

Court on this the 12 th day of May, 2026.

Sd/-

I Additional Junior Civil Judge-cum- XII Additional Judicial Magistrate of First Class, Medchal-Malkajgiri District, at Kukatpally.

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

FOR THE PROSECUTION: FOR THE DEFENCE:

PW1: Mohammed Sajith -NIL-

PW2: Md. Issaq

PW3: Md Jakeer

PW4: Shaik Osman

PW5: Md. Majoor Ali

PW6: Md. Nadeem

PW7: J Venkat (I.O)

EXHIBITS MARKED

FOR THE PROSECUTION:

Ex.P1 is the Report

Ex.P2 is the Certified copy of Order in IA 214 of 2018 in OS No. 26 of 2018 on the file of Telangana state Waqf board tribunal dt: 03-12-2018

Ex.P3 is the Photographs (16 No.s)

Ex.P4 is the 65-B Certificate

Ex.P5 is the Scene of offence panchanama

Ex.P6 is the First Information Report

I AJCJ – cum –XII AJMFC, Kukatpally 9 of 11 C.C No.2865 of 2018 (fair)

FOR THE DEFENCE:

-NIL-

Material Objects Pendrive containing 10 video clips

Sd/-

I Additional Junior Civil Judge-cum- XII Additional Judicial Magistrate of First Class, Medchal-Malkajgiri District, at Kukatpally.

I AJCJ – cum –XII AJMFC, Kukatpally 10 of 11 C.C No.2865 of 2018 (fair)

FORM No.73

IN THE COURT OF THE I ADDITIONAL JUNIOR CIVIL JUDGE -CUM-

XII ADDITIONAL JUDICIAL MAGISTRATE OF FIRST CLASS,

MEDCHAL-MALKAJGIRI DISTRICT, AT KUKATPALLY

Judgment in Calendar Case No. 2865 of 2018 1Name of Complainant:: The State through Sub-Inspector of Police, P.S. Sanathnagar 2Name of Accused:: A1.Shyab Ahmed Qurishi S/o Masood Ahmed Qurishi

A2. Mohammed Mustafa Ali S/o Md Zulfaqiar Ali

A3.Mohd. Ghouse S/o Md. Kareem

A4.Md. Showkath Ali S/o Late Md. Sabber Ali

A5.Syed Mobin S/o Syed. Chand

A6.Md Shareef Khan S/o Osman Khan

A7.Mirza Fazal Baig, S/o Mirza Afzal Baig

A8.Shaik Salahuddin S/o ShaikAbdul Rasheed 3Nature of Offence:: Sec. 427, 323, 506, 452 r/w 34 of Indian Penal Code 4Finding:: Found not guilty 5Sentence :: Acquitted 6Date of Occurrence of offence:: 17-04-2018 7Date of Complaint:: 17-04-2018 8Date of 239 of Cr.P.C served on :: 13-02-2020 Accused persons 9Date of Commencement of trial:: 26-03-2020 10 Date of Closure of trial:: 09-09-2025

I AJCJ – cum –XII AJMFC, Kukatpally 11 of 11 C.C No.2865 of 2018 (fair) 11 Date of Sentence or Order:: 12-05-2026 12 Explanation of delay:: ---

Sd/-

I Additional Junior Civil Judge-cum-

XII Additional Judicial Magistrate of First Class, Medchal-Malkajgiri District, at Kukatpally.

I AJCJ – cum –XII AJMFC, Kukatpally

1 C.C No.8854 of 2022 (Fair)

IN THE COURT OF THE I ADDITIONAL JUNIOR CIVIL JUDGE -CUM-

XII ADDITIONAL JUDICIAL MAGISTRATE OF FIRST CLASS,

MEDCHAL-MALKAJGIRI DISTRICT, AT KUKATPALLY

Present:Sri. DEVENDRA BABU. D, I Addl. Junior Civil Judge-Cum- XII Addl. Judicial Magistrate of First Class, Medchal-Malkajgiri District, at Kukatpally.

THURSDAY 14TH DAY OF MAY, 2026

CALENDAR CASE No.8854 of 2022

Between: The State through The Sub Inspector of Police, Kukatpally … Complainant

A N D

A1.Banda Sathish Rao S/o Chukka Rao, Age 33 years, Occ: Business, R/o H.No.5-6-23, Sangeeth Nagar, Dayarguda, Kukatpally

A2.Upputherla Venkateshwarlu S/o Late Roshaiah, Age 48 years, Occ: Mason, R/o H.No.5-5-35/332/77, AVB Puram, Kukatpally

A3.Maale Rama Krishna Reddy S/o Venkateshwara Reddy, Age 50 years, Occ: Business, R/o H.No.48-353/1, Ganesh Nagar, Chintal, Quthubullapur, Ranga reddy District

A4.Mareddy Dinesh Reddy S/o Prabhakar Reddy, Age 38 years, Occ: Business, R/o H.No.4-71, Indamanur Village, NG Padu Mandal, Prakasham District …Accused No.1 to 4

This case is coming on 07-05-2026for final hearing before me in the presence of learned Asst. Public Prosecutor for the State and G. Srinivas, counsel for the accused, having been heard and having stood over for consideration till this day, the Court delivered the following:

I AJCJ – cum –XIIAMM, Kukatpally 2 C.C No.8854 of 2022 (Fair)

:: J U D G M E N T ::

1. The Sub-Inspector of Police, Kukatpally Police Station filed a Charge Sheet in

Crime No.914/2021 against the accused No.1 to 4 for the offence punishable under Sec- tion 461(4) of GHMC Act.

2. The brief facts of the case are that:-

The owner/builder of B. Sateesh and U. Venkateshwarlu has obtained two indi- vidual building permission for the construction of Stilt +2 upper floors in H.No.5-6-23 situated at Dayarguda of Kukatpally after obtaining the building permission the owner/ builder has started construction in devition to the sanctioned plan and unauthorizedly laid third, fourth and fifth upper floors, complainant office has stopped work and issued notice U/Sec.452(1) and 461(1) of GHMC act on 18-11-2019 and further issued notice

U/Sec.452(2) of HMC act on 30-11-2019 and final notice u/Sec.636 of HMC act on 11- 02-2020 and demolished on 12-02-2020 departmentally. Further it is observed that re- cently, owner /builder of B. Sateesh and U. Venkateshwarlu repeatedly violated the building rules and regulations and constructed the removed portion. Earlier Hon’ble

High Court issued directions in WP No.34990 of 2015 and directed to invoke the provi- sions of Section 461(4) of the act wherever, it finds the unauthorized constructions with substantial violations, such as setbacks, violations, construction of extra floors by giving police report and prosecute the violators as per law. Therefore in view of the above rule position case may be filed U/Sec.461(4) of GHMC act to file FIR against owner/builder

B. Sateesh and U.Venkateshwarlu. Hence, the complaint.

I AJCJ – cum –XIIAMM, Kukatpally 3 C.C No.8854 of 2022 (Fair)

3.Basing on the same LW.7 registered a case in Cr. No.914/2021, U/Sec.461(4) of

GHMC Act and entrusted to LW.8 for further investigation. After completion of investi- gation LW.8 filed charge sheet against the accused No.1 to 4.

4.This Court took the cognizance for offence punishable under Section 461(4) of

GHMC Act against the accused No.1 to 4. On appearance of the accused persons, copies of the case records were furnished to them as required under Section 207 Cr.P.C.

Accused No.1 to 4 were examined under Section 239 Cr.P.C for the offence punishable under Section 461(4) of GHMC Act, the substance of the accusation was read over to them in vernacular language, for which they pleaded not guilty and claimed to be tried.

5.During the trial, the prosecution has examined PWs.1 to PW.6 and got marked

Ex.P1 to Ex.P9. The evidence of LW.5 closed on the basis of report filed by concerned

Station House Officer and the evidence of LW.7 given up the prosecution. After closure of the prosecution evidence, the accused No.1 and 2 were examined under section 313 of

Criminal Procedure Code, and incriminating evidence is read over and explained to them, having understood the same, they denied the incriminating evidence and reported no defence evidence on their behalf.

6.Heard both sides. Perused the record.

7. The point for consideration is:-

“Whether the prosecution could prove the guilt of the accused No.1 to 4 for

the offence punishable under S ection 461(4) of GHMC Act?”

POINT:

8. To prove its case, the prosecution have examined PW.1 who is complainant in this case has deposed that accused No.1 and 2 has obtained the two permissions for

I AJCJ – cum –XIIAMM, Kukatpally 4 C.C No.8854 of 2022 (Fair) construction of Stilt + 2 floors at H No 5-6- 23 situated at Dayaguda, Kukatpally Circle and clubbed their property and constructed unauthorized 3rd, 4th and 5th floors. He has issued notice U/sec.461(1) of GHMC and later issued notice U/sec.636 of GHMC Act and later on 12-02-2020 for demolished unauthorized construction and inspite of that accused continued to construct further floors as such PW.1 lodged the report in P.S as

Ex.P1 and submitted notices issued to the accused persons. In cross-examination PW.1 admitted that he was not aware whether signatures of the accused in the notice are obtained or not. Further admitted that he has not filed any documentary proof to show that accused No.1 and 2 constructed unauthorized construction.

9.Further, the prosecution has examined PW.2 who is the witness in this case has deposed that on 16-12-2019, accused No.1 and 2 obtained two permissions for construction of Stilt + 2 floors at H No 5-6-23 situated at Dayaguda, Kukatpally. Later clubbed their property and constructed unauthorized 3 to 5 floors unauthorizedly. Later

Pw.1 issued notice U/sec.452(1), 461(1) of GHMC Act later demolished unauthorized construction. He further submits that inspite of demolition, accused continued to construct any way, as such PW.1 lodged report in P.S. In cross-examination, he admitted that he has not obtain acknowledgment of receipt of notice issued to the accused person.

10.Further, the prosecution has examined PW.3 who is the witness in this case turned hostile that he do not know anything about this case.

11.Further, the prosecution has examined PW.4 who is the witness in this case deposed that he do not know anything about this case and police obtained his signatures on white papers.

I AJCJ – cum –XIIAMM, Kukatpally 5 C.C No.8854 of 2022 (Fair)

12. Further, the prosecution has examined PW.5 who is eye witness in this case has deposed that accused No.1 and 2 obtained two permissions for construction of Stilt + 2 floors at H.No.5-6-23 situated at Dayaguda, Kukatpally, but have unauthorizedly constructed five floors. Later his superiors of PW.5 have issued notice for unauthorized construction, later, demolished the same. Inspite of that accused No.1 and 2 continue to construct further floors.

13. Further, the prosecution has examined Pw.6 who is the Investigating Officer of this case has deposed that basing on the report lodged by PW.1, LW.7 registered a case in

Cr. No. 914 of 2021 and entrusted the investigation to him. During the course of investigation he examined and recorded the statement of Pw1 and visited the scene of offence but not found any material to seize. Later conducted scene of offence panchanama and examined and recorded the statements of Pw.2, PW.3 and LW.3 and later apprehended the accused persons and issued U/sec. 41 A Cr.P.C to them. Later, after completion of the investigation he have filed the charge sheet. In cross-examination Pw.7 admitted that LW.7 received complaint on 17-08-2021 but complainant signed on Ex.P1 on 12-08-2021.

14. As it could be seen from the above evidences that, this is the case of unauthorized construction alleged to made by accused No.1 and accused No.2 against the GHMC Act without permission in which PW.1, PW.2 and PW.5 are completely supporting to the case of the prosecution, however, on perusal of Ex.P4 and Ex.P5 which are the notices alleged to have been issued to accused persons does not bear the signatures of accused No.1 and 2. Further, it is also admitted by PW.2 that he has not obtained any acknowledgment receipt after serving of notices to accused No.1 and 2.

I AJCJ – cum –XIIAMM, Kukatpally 6 C.C No.8854 of 2022 (Fair)

Further, it is also admitted by Pw.1 that he has not filed any documentary proof to show that accused no.1 and 2 constructed illegal construction. Further, photographs filed

before this Court are not marked by the prosecution. Further, the independent witness

i.e.,PW.3 has completely turned hostile. Further, the panch witness i.e.,PW.4 has completely turned hostile as such the recording of panchanama dated 17-08-2021 is not said to be true.

15.Further it is also admitted by Pw.6 that, he went to scene of offence but found nothing to seize. When there is uncertainty over severing of notices to the accused persons by Pw.1 and when there are no documentary proofs to show that accused No.1 and 2 has constructed illegally 5 floors at Darayguda, Kukatpally and when independent witnesses turned hostile, this Court finds it highly unsafe to rely upon the evidence of

PW.1, PW.2 and Pw.5 who are the GHMC officials and are interested in the outcome of the case of the prosecution. Therefore, accused persons are entitled for acquittal.

16.In the result, accused No.1 to 4 found not guilty for the offence punishable under

Section 461 (4) GHMC Act and they are acquitted of the said offence under Section 239 (1) Cr.P.C. The bail bonds of accused shall be in force for a period of six months as contemplated U/Sec.437-A Cr.P.C.

Dictated to stenographer, transcribed by her, corrected and pronounced by me in the open

Court on this the 14 th day of May, 2026.

Sd/-

I Addl. Junior Civil Judge-Cum- XII Addl. Judicial Magistrate of First Class, Medchal-Malkajgiri District, at Kukatpally.

I AJCJ – cum –XIIAMM, Kukatpally 7 C.C No.8854 of 2022 (Fair)

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

FOR THE PROSECUTION: FOR THE DEFENCE:

PW1: P Ravinder Kumar NIL PW2: A Someshwar PW3: Ch. Srinivas PW4: Bheemani Santhosh PW5: T Venu PW6: S Suresh (I.O)

EXHIBITS MARKED

FOR THE PROSECUTION: Ex.P1 is the Report Ex.P2 is the Building permit order dt: 20-04-2019

Ex.P3 is the Building permit order dt: 20-04-2019 Ex.P4 is the notice issued U/sec. 452(1), 461(1) of HMC Act, dt: 18-11-2019 Ex.P5 is the notice issued U/sec. 452(2)of HMC Act, dt: 30-11-2019 Ex.P6 is the Signature of PW.4 on Scene of offence panchanama Ex.P7 is the Signature of PW.4 on Rough sketch Ex.P8 is the First Information Report Ex.P9 is the Scene of offence panchanama and Rough sketch

FOR THE DEFENCE:

- NIL -

Material Objects - NIL -

Sd/-

I Addl. Junior Civil Judge-Cum- XII Addl. Judicial Magistrate of First Class, Medchal-Malkajgiri District, at Kukatpally.

I AJCJ – cum –XIIAMM, Kukatpally 8 C.C No.8854 of 2022 (Fair)

FORM No.73

IN THE COURT OF THE I ADDITIONAL JUNIOR CIVIL JUDGE -CUM-

XII ADDITIONAL JUDICIAL MAGISTRATE OF FIRST CLASS,

MEDCHAL-MALKAJGIRI DISTRICT, AT KUKATPALLY

Judgment in Calendar Case No.8854 of 2022 1Name of Complainant:: The State through Sub-Inspector of Police, P.S. Kukatpally 2Names of Accused:: A1.Banda Sathish Rao S/o Chukka Rao

A2.Upputherla Venkateshwarlu S/o Late Roshaiah

A3.Maale Rama Krishna Reddy S/o Venkateshwara Reddy

A4.Mareddy Dinesh Reddy S/o Prabhakar Reddy 3Nature of Offence:: Sec. 461 (4) GHMC Act 4Finding:: Found not guilty 5Sentence :: Acquitted 6Date of Occurrence of offence:: 12-08-2021 7Date of Complaint:: 12-08-2021 8Date of 239 of Cr.P.C served on Accused :: 17-10-2024 9Date of Commencement of trial:: 28-11-2023 10Date of Closure of trial:: 24-02-2026 11Date of Sentence or Order:: 14-05-2026 12Explanation of delay:: ---

Sd/-

I Addl. Junior Civil Judge-Cum- XII Addl. Judicial Magistrate of First Class, Medchal-Malkajgiri District, at Kukatpally.

I AJCJ – cum –XIIAMM, Kukatpally

1 of 6 C.C No.812 of 2016 (fair)

IN THE COURT OF THE I ADDITIONAL JUNIOR CIVIL JUDGE -CUM-

XII ADDITIONAL JUDICIAL MAGISTRATE OF FIRST CLASS,

MEDCHAL-MALKAJGIRI DISTRICT, AT KUKATPALLY

Present:Sri. DEVENDRA BABU. D, I Addl. Junior Civil Judge-Cum- XII Addl. Judicial Magistrate of First Class, Medchal-Malkajgiri District, at Kukatpally

WEDNESDAY, 13TH DAY OF MAY, 2026

CALENDAR CASE No.812 of 2016

Between: The State through The Sub Inspector of Police, Sanathnagar … Complainant

A N D

A1.Neemkar Soni Rao, S/o Satyanarayana, Age 50 years, Occ: Govt Employee, R/o H.No.SRT 283, Sanathnagar.

A2.M. Phanivardhana, W/o Soni Rao, Age 35 years, Occ: LIC Employee R/o SRT 283, Sanathnagar. …Accused No.1 and 2

This case is coming on 05-05-2026 for final hearing before me in the presence of learned Asst. Public Prosecutor for the State and M/s Rama Raju, counsel for the accused, having been heard and having stood over for consideration till this day, the Court delivered the following:

:: J U D G M E N T ::

1. The Sub-Inspector of Police, Sanathnagar Police Station filed a Charge Sheet in

Crime No.258/2016 against the accused No.1 and 2 for the offence punishable under

Section 448, 324, 506 of Indian Penal Code.

2. The brief facts of the case are that:-

I AJCJ – cum –XII AJMFC, Kukatpally 2 of 6 C.C No.812 of 2016 (fair)

On 28-06-2016 at 0900 hours received a complaint from LW.1 in which she stated that, Soni Rao and his wife Smt. Phanivardana had been abusing the threatening the complainant and their workers who are constructing their house intentionally. On 27- 06-2016 at 0600 hours, Soni Rao and his wife trespassed into their construction house at

SRT 284, Sanathnagar and attacked the workers at 2nd floor with sticks and threatened them to leave the construction for the last six months. Hence the complaint.

3.Basing on the contents of the above complaint LW.8 registered a case in Cr.

No.258/2016, U/Sec.448, 324, 506 of Indian Penal Code and took up the investigation.

4.During the course of investigation, LW.8 examined the Lw.1 and recorded her statement. In her statement she corroborated the contents of FIR fact. Later Lw.8 visited the scene of offence and caused enquiries and secured the presence of two mediators i.e.,LW.5 and Lw.6 and conducted scene of offence panchanama and drawn rough sketch. Lw.8 recorded the statements of witnesses LW.2 to LW.4. While investigation was in progress, Lw.8 issued the notice U/Sec.41 (A) (1) Cr.P.C to the accused and ob- tained the personal and surety bond as well undertaking certificate from them. LW.7 is- sued the MC report in which he opined that the injuries sustained by the injured person is simple in nature. After completion of investigation Lw.8 filed the charge sheet.

5.This Court took the cognizance for offence punishable under Section 448, 324 r/w 34 of Indian Penal Code against the accused No.1 and 2. On appearance of the accused persons, copies of the case records furnished to him as required under Section 207 Cr.P.C. Accused No.1 and 2 was examined under Section 239 Cr.P.C for the offence punishable under Section 448, 324 r/w 34 of Indian Penal Code, the substance of the ac- cusation was read over to them in vernacular language, for which they pleaded not guilty and claimed to be tried.

I AJCJ – cum –XII AJMFC, Kukatpally 3 of 6 C.C No.812 of 2016 (fair)

6.During the trial, the prosecution has examined Pw1 to Pw.3 and got marked

Ex.P1 to Ex.P5. The evidence of LW.1 to 4, 6 are closed on the basis of report. After closure of prosecution evidence, the accused No.1 and 2 examined under section 313 of

Criminal Procedure Code, and incriminating evidence is read over and explained to them, having understood the same, they denied the incriminating evidence and reported no defence evidence on their behalf.

7.Heard both sides. Perused the record.

8. The point for consideration is:-

“Whether the prosecution could prove the guilt of the accused No.1 and 2

for the offence punishable under section 448, 324 r/w 34 of Indian Penal

Code?”

POINT:

9. To prove its case, the prosecution have examined PW.1 who is the panch witness to the Scene of offence cum seizure panchanama has deposed that he do not know anything about the case and police have never conducted any panchanama in his presence. Learned APPO cross examined PW.1 at a length but no useful evidence has laid to impeach the evidence of PW.1.

10. Further, the prosecution examined PW.2 who is Investigating Officer has deposed that basing on the complaint he registered case in Ex.P2. Later examined LW.1 and visited Scene of offence and conducted scene of offence panchanama and recorded the statements of LW.2 to LW.4 and issued 41-A Cr.P.C notice against accused persons.

Later, he obtained medical certificate as the Ex.P5 and filed charge sheet.

11.Further Pw.3 who is Medical Officer has deposed that on 27-06-2016 at about 10:00 am, LW.2 came to the hospital with the history of pain over upper limbs and back.

I AJCJ – cum –XII AJMFC, Kukatpally 4 of 6 C.C No.812 of 2016 (fair)

Later, Pw.3 examined and issued medical certificate as the Ex.P5 and disclosed that injuries are simple in nature.

12.As it could be seen from the above evidences that, none of the material witnesses have examined by the prosecution including complainant. Further, panch witnesses also turned hostile, as such recording of panchanama dated 20-08-2016 is not said to be proved.

13.There is no independent witnesses were examined and no material witness were examined before this Court, in this scenario this Court finds it highly unsafe to rely upon the evidence of PW.2 who is the Investigating officer as he is interested in the outcome of the case of the prosecution, as such due to lack of evidence accused No.1 and 2 are entitle for acquittal.

14. In the result, the accused No.1 and 2 found not guilty for the offence punishable under Section 448, 324 r/w 34 IPC and they are acquitted under Section 248 (1) Cr.P.C.

The bail bonds of accused persons shall be in force for a period of six months as contemplated U/Sec.437-A Cr.P.C.

Dictated to stenographer, transcribed by her, corrected and pronounced by me in the open

Court on this the 13 th day of May, 2026.

Sd/-

I Additional Junior Civil Judge-cum- XII Additional Judicial Magistrate of First Class, Medchal-Malkajgiri District, at Kukatpally.

I AJCJ – cum –XII AJMFC, Kukatpally 5 of 6 C.C No.812 of 2016 (fair)

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

FOR THE PROSECUTION: FOR THE DEFENCE:

PW1: Vegi Prasad -NIL-

PW2: J. Venkat (I.O)

PW3: P Srinivasulu

EXHIBITS MARKED

FOR THE PROSECUTION:

Ex.P1 is the signature on Scene cum seizure panchanama

Ex.P2 is the First Information Report

Ex.P3 is the Report

Ex.P4 is the Scene of offence panchanama along with rough sketch

Ex.P5 is the Medical certificate of Lw.2

FOR THE DEFENCE:

-NIL-

Material Objects -NIL-

Sd/-

I Additional Junior Civil Judge-cum- XII Additional Judicial Magistrate of First Class, Medchal-Malkajgiri District, at Kukatpally.

I AJCJ – cum –XII AJMFC, Kukatpally 6 of 6 C.C No.812 of 2016 (fair)

FORM No.73

IN THE COURT OF THE I ADDITIONAL JUNIOR CIVIL JUDGE -CUM-

XII ADDITIONAL JUDICIAL MAGISTRATE OF FIRST CLASS,

MEDCHAL-MALKAJGIRI DISTRICT, AT KUKATPALLY

Judgment in Calendar Case No.812 of 2016 1Name of Complainant:: The State through Sub-Inspector of Police, P.S. Sanathnagar 2Name of Accused:: A1.Neemkar Soni Rao, S/o Satyanarayana

A2.M. Phanivardhana, W/o Soni Rao 3Nature of Offence:: Sec.448, 324 r/w 34 of Indian Penal Code 4Finding:: Found not guilty 5Sentence :: Acquitted 6Date of Occurrence of offence:: 27-06-2016 7Date of Complaint:: 28-06-2016 8Date of 239 of Cr.P.C served on Accused :: 07-04-2025 9Date of Commencement of trial:: 15-04-2025 10Date of Closure of trial:: 06-02-2026 11Date of Sentence or Order:: 13-05-2026 12Explanation of delay:: ---

Sd/-

I Additional Junior Civil Judge-cum-

XII Additional Judicial Magistrate of First Class, Medchal-Malkajgiri District, at Kukatpally.

I AJCJ – cum –XII AJMFC, Kukatpally