Smt. P. Padmavathi

Date:17-04-2026 1 of 15 CC.No.2535 of 2020

IN THE COURT OF THE XI ADDL. CHIEF JUDICIAL MAGISTRATE

:: AT SECUNDERABAD

PRESENT : SMT. P. PADMAVATHI,

XI ADDL. CHIEF JUDICIAL MAGISTRATE,

SECUNDERABAD

Friday , this the 17th day of April, 2026

C.C. No. 2535 of 2020

Between :

The State of Telangana, represented by the Station House Officer, Police Station Bowenpally, Secunderabad, Hyderabad …… Complainant

And

A1) Chetan Bogani, S/o. Deepak Bogani, Aged: 49 years, Occ: Business, R/o. Plot No. 128, Asha Officers colony, R.K. Puram, Trimulgherry

A2) Thirani Rajesh Kumar, S/o. Hari Prasad, Aged: 44 years, Occ: Business, R/o. Flat No. T/3, Sri Sai Chandrakala Apartment, Near Chandana Hospital, Anand Nagar, New Bowenpally, Secunderabad

A3) Ananthula Nagesh, S/o. A. Shankar, Aged: 34 years, Occ: Private Job, R/o. H.No. 1-3-236/8, Kamsary Bazar, New Bowenpally, Secunderabad …… Accused

This case is coming on before me for final hearing in the presence of SMT. B. SARITHA RANI, Learned Assistant Public Prosecutor for the Prosecution/complainant and of SRI MOHIT KAASLIWAL JAIN, Advocate for the accused-A1 to A3 and after perusing the case records and upon hearing the arguments on both sides, this Court made the following:-

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

The Sub-Inspector of Police, Police Station Bowenpally,

Secunderabad has filed charge sheet in Crime No. 231/2020 against the accused-A1 to A3 for the offences punishable under Sections 3 and 4 of Telangana Gaming Act.

2. The brief facts of the prosecution case are as follows:-

(i)On 28-07-2020 at 21:00 hours, the defacto complainant/LW.1/Sri

P.Ugandhar, Sub-Inspector of Police, P.S. Bowenpally lodged a report stating that on 28-07-2020 at about 18:00 hours when he was present at the police station, he received credible information that some persons were playing online cricket betting Apps i.e., www.RKEXCH.com & www.FORDEXCH.com and also accepting betting through cell phones from known persons at Flat No. T/3, Sri Sai

Chandrakala Apartment, Anand Nagar, New Bowenpally. Believing the information to be true and authentic, he apprised the information

before the superior officers and obtained search warrant from Asst.

Commissioner of Police, Begumpet Division to raid the spot and to take necessary action. Further, he summoned two mediators namely Sri

Trimuthy and Sri Rohan and drafted search proceedings u/sec. 165

Cr.P.C and he along with his staff and the panchas proceeded to the spot at 19:00 hours and on knocking the door, one person opened the door and after entering into the room, they found a person playing

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online cricket betting game and accepting the betting over phones, which is a game of chance and also present another person. On enquiry with them, he revealed his name as Thirani Rajesh Kumar (A2) and he is the betting organizer of the premises. Then he served a copy of search proceedings on Thirani Rajesh Kumar (A2) and obtained his signature and he confessed that he came into contact with Chetan

Deepak Bogani (A1), R/o. Trimulgherry and get online cricket betting/gambling Apps www.RKEXCH.com & www.FORDEXCH.com and he (A1) will give the game code for the punters/agents to join the online cricket betting game/Gambling used to collect betting amount from the punters clandestinely and gain easy money illegally. In this process, he engaged one associated Ananthula Nagesh (A3) and used to collect betting amount from punters and remit to the accused-

Thirani Rajesh Kumar on commission basis.

(ii).The accused (A2) is having about 12 punters i.e., (1) Monu, (2)

Ashish, (3) Ramnivas, (4) Mahender, (5) Jitender, (6) Rajesh, (7) Ronak, (8) Banti, (9) Bhavan, (10) Dinesh, (11) Girish, (12) Modi, and all the above punters will join in the App i.e., www.RKEXCH.com & www.FORDEXCH.com and play the game in online game by collecting the money from punters. By saying so, he voluntarily admitted his guilt involving in this offence and produced (i) Samsung M307F with SIM No.

8978623105, (ii) Samsung SMN 960 F with SIM No. 6300521144, (iii)

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Date:17-04-2026 4 of 15 CC.No.2535 of 2020

Betting collection Account Books- 08 and 4, Cash of Rs. 2,68,600/- which were used in the commission of offence and he seized the same under cover of confession-cum-seizure panchanama of the accused-

Rajesh Kumar. Further, on enquiry with another associate, he revealed his name as Ananthula Nagesh (A3) and he voluntarily admitted his guilt involving in this offence that he used to collect the betting amount from the punters and he produced (1) Oppo F7 with SIM No.

9000377703 and cash of Rs. 46,400/- which were used in the commission of offence and he seized the same under cover of confession-cum-seizure panchanama. The 12 punters and main organizer Chetan Deepak Bogani are absconding. Hence, he requested to take necessary action against the accused persons as per law.

(iii)Basing on the contents of above report, LW.8/Sri N. Sudhakar

Reddy, Sub-Inspector of Police, P.S. Bowenpally registered a case in

Crime No. 231/2020 for the offence under Sections 3 and 4 of

T.S.Gaming Act, issued First Information Report and took up the investigation. During the course of investigation, LW.8 examined and recorded the statements of LW.1/Sri P. Ugandhar, S.I. of Police, LW.2/Sri

Siva Nagaraju, PC-4120, LW.3/Sri CH. Mohan, PC-3065 and LW.4/Sri

M.Suresh, PC-7390. LW.8 interrogated the accused persons-Thirani

Rajesh Kumar (A2), and Ananthula Nagesh (A3) and the accused-A2 and A3 voluntarily confessed to have committed the offence with the

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Date:17-04-2026 5 of 15 CC.No.2535 of 2020

assistance of absconding accused-Chetan Deepak Bogani (A1). Notices u/sec. 41-A Cr.P.C were served on the accused with instructions to cooperate with the investigation into this case.

(iv). The evidence collected during the course of investigation, it is well established that the accused-T. Rajesh Kumar (A2) worked at the hardware shop of accused Chetan Deepak Bogari (A1) at Ranigunj since six years who is absconding. The accused-A. Nagesh (A3) also worked in the shop of Chetan Deepak Bogani since 1 ½ years. The accused-A2 and A3 are in the habit of betting on the cricket matches and gambling. In the month of October, 2017 the accused-A2 was arrested by Ramgopalpet Police in Crime No. 267/2017 u/sec. 3 & 4 of

A.P. Gaming Act (Cricket betting) of Ramgopalpet P.S. on 16-10-2017.

The accused-A1 is the main organizer and he gets online cricket betting/gambling Apps www.RKEXCH.com & www.FORDEXCH.com and play the game in online game. In this regard, the accused persons used to maintain account books. While the accused persons (A2 and

A3) were resent at Flat No. T/3, Sri Sai Chandrakala Apartment, near

Chandana Hospital, Anand Nagar, the police raided and apprehended them and seized three cell phones and net cash of Rs. 3,15,000/- from them. Later, LW.8 traced and served the notice u/sec. 41-A Cr.P.C on the accused-A1.

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(v).After completion of investigation and after collecting relevant documents, charge sheet was filed against the accused-A1 to A3 for the offence under Sections 3 and 4 of the Telangana Gaming Act.

3.The case was taken on file against the accused-A1 to A3 for the offence punishable under Sections 3 and 4 of Telangana Gaming Act.

4.On appearance of the accused-A1 to A3 before this court, the copies of charge sheet along with relevant copies of documents were furnished to them, as contemplated under Section 207 of Code of

Criminal Procedure.

5.The accused-A1 to A3 were examined under Section 251 Code of

Criminal Procedure and upon hearing, the substance of accusation against the accused-A1 to 3 for the offence punishable under Sections 3 and 4 of Telangana Gaming Act, from the charge sheet was read over and explained to them in vernacular language, to which the accused-

A1 to A3 pleaded not guilty and claimed to be tried.

6.To prove the guilt of accused-A1 to A3, the prosecution had examined PW1 and PW.2 and got marked documents as Ex.P1 to Ex.P4 as indicated in Appendix of Evidence. The evidence of LW.2/Sri Siva

Nagaraju, PC-4120, LW.3/Sri Ch. Mohan, PC-3065, LW.4/Sri M.Suresh,

PC-7390 was given by the learned APP and the evidence of remaining

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witnesses viz., LW.6/Sri Trimurthy and LW.7/Sri Rohan is closed on the report filed by the police that their whereabouts are not traced out.

7.After reporting closure of the prosecution side evidence, the accused-A1 to A3 were examined under section 313 Code of Criminal

Procedure by explaining the incriminating material appearing against them in the evidence of prosecution, to which they denied the same.

On behalf of the accused-A1 to A3, the accused No.1 is examined as

DW.1 and the accused No.2 is examined as DW.2 and the documents under Ex.D1 to Ex.D4 are marked.

8.Heard arguments on both sides and perused the material placed on record.

9.Now the point for determination is:-

“Whether the prosecution has succeeded in

proving its contention levelled against the

accused-A1 to A3 for the offence under Sections

3 and 4 of Telangana Gaming Act, beyond all

reasonable doubt?”

POINT:

10.The case of the prosecution is that the accused-A1 to A3 organized the Cricket Match through ONLINE website such as www.RKEXCH.com and www.FORDEXDCH.com by creating username and password and used to collect betting amount from the punters

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clandestinely in order to gain easy money illegally and the police apprehended the accused-A2 and A3 red-handedly at Flat No. T/3, Sri

Sai Chandrakala Apartment, Anand Nagar, New Bowenpally,

Secunderabad while they were conducting onliine cricket betting at the above said place.

11.To prove the guilt of the accused persons, the prosecution has examined PW.1 and PW.2 and got marked Ex.P1 to Ex.P4. On behalf of the accused, the DW.1 and DW.2 are examined and the documents under Ex.D1 to Ex.D4 are marked.

12.The defacto complainant/Sub-Inspector of Police who conducted raid and detected the crime on the common gaming house is examined as PW1. The Investigating Officer who conducted the investigation and filed charge sheet is examined as PW2.

13.PW.1 deposed that on 28-07-2020 at 06:00 P.M. he received information that some persons are playing online cricket betting and he obtained permission from the ACP, proceeded to the scene along with the panchas and staff and he went to Anand Nagar, Chandrakala

Apartment, 4th floor where he found-A2 and A3 and served search proceedings on A2. He further deposed that on enquiry, A2 confessed that they are playing online cricket betting through websites viz.,

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www.RKEXCH.com and www.FORDEXDCH.com, A2 confessed that A1 used to give user name and password for playing online cricket betting and to collect the amount, A3 was engaged and seized Two mobile phones, cash of Rs.2,68,600/- under cover of confession-cum-seizure panchanama from the possession of A2 and one mobile phone, cash of

Rs. 46,400/- under cover of confession-cum-seizure panchanama from the possession of A3 and also cash books and thereafter, he brought the accused-A2 and A3 and seized property to the police station and lodged the report. Through him,Ex.P1 to Ex.P3 are marked. Ex.P1 is the admissible portion of confession-cum-seizure panchanama, Ex.P2 is the complaint and Ex.P3 is the Search Proceedings.

14(i). PW.2 is the Investigating Officer. He deposed that he received complaint from PW.1, basing on the said complaint, he registered a case in Crime No.231/2021, U/secs. 3 and 4 T.S. Gaming Act, he issued

First Information Report under Ex.P4and during the course of investigation, he examined LW1 to LW5 and recorded their detailed statements. He further stated that on 05-08-2020 he Issued Sec. 41-A

Cr.P.C Notice to the accused-A1 and released A1 on bail and on 28-07- 2020 he issued Sec. 41-A Cr.P.C Notice to the accused-A2 and A3 and thereafter, he filed Form-60 and deposited the Samsung Mobiles -2,

Betting collection accounts books, cash of Rs.2,68,600/- seized from accused-A1, OPPO Mobile phone-1, cash of Rs.46,400/- seized from

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Date:17-04-2026 10 of 15 CC.No.2535 of 2020

accused-A2 and after completion of investigation, he filed charge sheet against the accused.

(ii).In his further chief examination, PW.2 got marked the material objects as mentioned below.

M.O.1 is the Samsung M307F mobile phone with SIM No. 8978623105 M.O.2 is the Samsung SMN 960 F with SIM No. 6300521144 M.O.3 is the Betting collection Account books-8

M.O.4 is the cash of Rs. 2,68,000/- and Rs. 46,400/- which was converted into FDR A/c. No. 3679207948 for Rs.3,15,000/-

M.O.5 is the Oppo F7 with SIM 9000377703

15.On behalf of defence, the accused No.1 and 2 were examined as

DW.1 and DW.2 respectively.

DW.1/Sri Chaitan Deepak Bogani deposed that he is the owner of

Deepak Sales Corporation which is a registered firm at Mahankali,

Secunderabad and he used to supply hardware items to the customers and on 28-07-2020, his staff namely Rajesh came to his shop after collecting money, thereafter, the police came there and booked a case against him and took away the amount. HE further stated that he never participated in Cricket betting and the cash is his business cash and in support of the that he has filed affidavit of himself and Rajesh and the certificate showing that Rajesh Kumar is an employee.

Through him, Ex.D1 to Ex.D4 are marked. Ex.D1 is the Affidavit of

Rajesh Kumar, Ex.D2 is the Affidavit of Chetan Bogani, Ex.D3 is the

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Date:17-04-2026 11 of 15 CC.No.2535 of 2020

certificate shows that Rajesh Kumar is working in Deepak Sales

Corporation and Ex.D4 is the statement of cash book (objection taken by the APP stating that 65-B certificate is not enclosed).

16.DW.2/Sri Rajesh Kumar Thirani deposed that he is working as

Manager in Deepak Sales Corporation at Mahankali Street,

Secunderabad and his duty is to collection of payment from the customers and sale the products and his company is selling hardware products like hand gloves, shoes, helmet, MS Angle channel (which are used in the construction of a house) to the workers under construction work. He further stated that on 28-07-2020, after collection of amounts approximately Rs.3,15,000/- (Rs.2,68,000/- +Rs.46,000/-) from customers, he came to Deepak Sales Corporation which is located at

Mahankali Street, Ranigunj and in the mean while, the police came there and seized that amount which is in his possession and at that time himself, Nagesh, office boy were present and the Police took him to police station and he stayed at police station for 1½ hours to 2 hours and the police obtained his signatures.

17.According to PW.1, A2 and A3 confessed before him and he seized Samsung Mobiles -2, Betting collection accounts books, cash of

Rs.2,68,600/- from A2 and one OPPO Mobile phone-1, cash of

Rs.46,400/- from A3 in the presence of panch witnesses-LW.6/Sri

Trimurthy and LW.7/Sri Rohan at Sai Chandrakala Apartments near

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Date:17-04-2026 12 of 15 CC.No.2535 of 2020

Chandana Hospital, Anand Nagar, Bowenpally. But prosecution failed to examine those panch witnesses stating that their whereabouts are not known. Further, PW.1 and PW.2 in the cross-examination admitted that cricket betting is done for the live match. Further they admitted that they did not specifically mention the match details. PW.2 in his cross-examination also admitted that he did not make any enquiry to know that who is the owner of that flat.

18.On the other hand, the defence counsel adduced the evidence of DW.1 and DW.2. DW.1/Chetani Bhogani (A1) stated that he is doing hardware business supplying items to the customers and the amount which is seized by the police is pertaining to their business, but not with regard to the Gaming Act. DW.2/Rakesh Kumar Thirani (A2) stated that he collected the amounts from the customers and went to

Deepak Sales Corporation which is located at Mahankali street,

Ranigunj, the police came there and seized that amount. But the counsel for the accused while cross-examining PW.1 and PW.2 not asked any question with regard to the seizure of property at Ranigunj.

Further, DW.1 and DW.2 kept silent with regard to Account Books and phones seized by the police. The accused are speaking about the cash.

19.From the evidence of PW.1, DW.1 and DW.2, it is clear that police seized amounts from the possession of A2 and A3 even though

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the panch witnesses for confession-cum-seizure panchanama were not examined. But, according to the prosecution case, the amount was seized at Chandrakala Apartments, Bowenpally, whereas from the evidence of DW.1 and DW.2 police seized the amounts at Ranigunj.

Hence, this Court is not convinced with the defence evidence as the scene of offence is different. According to the prosecution case itself,

A2 and A3 are working under A1. The counsel for the accused argued that A1 to A3 are doing business and as such they do not involve in cricket betting game. But this Court opined that there is no such rule that business people cannot participate in the cricket betting.

20.However, as the seizure is not proved by the prosecution beyond all reasonable doubt and as panch witnesses are not examined, this Court opined that A1 to A3 are found not guilty of the offence under Gaming Act. Further as the evidence of DW.1 and DW.2 is not trustworthy, this Court opined that the amount is not pertaining to the accused.

21.Under these circumstances, as prosecution failed to prove the seizure beyond the reasonable doubt, the accused No.1 to 3 are entitled for acquittal.

22(i). In the result, the accused-A1 to A3 are found not guilty for the offence punishable under Sections 3 and 4 of Telangana Gaming

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Act and accordingly, they are acquitted for the said offence under

Section 255(1) Code of Criminal Procedure. The bail bonds of the accused-A1 to A3 shall stand cancelled after the expiry of Six (6) months from the date of this Judgment, as contemplated under

Section 437-A Code of Criminal Procedure.

(ii).The material objects i.e., M.O.1, M.O.2 and M.O.5 (three cell phones) shall be returned to the concerned after expiry of appeal time, on proper identification and due acknowledgment. M.O.3 (Betting collection Account Books) shall be destroyed after expiry of appeal time. M.O.4 (Cash of Rs. 2,68,000/- and Rs. 46,400/- which were converted into FDR A/c. No. 39679207975) shall be confiscated to the

State after expiry of appeal time.

Typed to my dictation by the stenographer, corrected and pronounced by me in the open Court on this, the 17 th day of April, 2026.

XI ADDL. CHIEF JUDICIAL MAGISTRATE,

SECUNDERABAD

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

FOR PROSECUTION

PW1: Sri Ugandhar, (Defacto complainant/Sub- Inspector of Police, P.S. Bowenpally)

PW2: Sri N. Sudhakar Reddy, (Sub-Inspector of Police/ Investigating Officer)

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FOR DEFENCE

DW1: Sri Chaitan Deepak Bogani, (accused No.1)

DW2: Sri Rajesh Kumar Thirani, (accused No.2)

EXHIBITS MARKED

ON BEHALF OF PROSECUTION

Ex.P1 : Admissible portion of confession-cum-seizure panchanama Ex.P2 : Complaint Ex.P3 : Search Proceedings Ex.P4 : First Information Report dated 28-07-2020

ON BEHALF OF DEFENCE

Ex.D1 : Affidavit of Rajesh Kumar Ex.D2 : Affidavit of Chetan Bogani Ex.D3 : Certificate showing that Rajesh Kumar is working in Deepak Sales Corporation

Ex.D4 : Statement of Cash Book (objection taken by the APP stating that 65-B Certificate is not enclosed)

MATERIAL OBJECTS MARKED

M.O.1 : Samsung M307F mobile phone with Material objects

M.O.2 : Samsung SMN 960 F with SIM NO. 6300521144

M.O.3 : Betting collection Account books

M.O.4 : Cash of Rs. 2,68,000/- and Rs. 46,400/- which were converted into FDR Ac/. 39679207975

M.O.5 : Oppo F7 with SIM NO. 9000377703

XI ADDL. CHIEF JUDICIAL MAGISTRATE,

SECUNDERABAD

XI ACJM

Date: 10-04-2026 1 of 12 CC.No.738 of 2023

IN THE COURT OF THE XI ADDL. CHIEF JUDICIAL MAGISTRATE

:: AT SECUNDERABAD

PRESENT : SMT. P. PADMAVATHI,

XI ADDL. CHIEF JUDICIAL MAGISTRATE,

SECUNDERABAD

Friday, this the 10th day of April, 2026

C.C. No. 738 of 2023

Between :

The State of Telangana, represented by the Station House Officer, Police Station Mahankali, Secunderabad. …… Complainant

And

Pasupula Kalpana, W/o. Venkatesh, Aged: 39 years, Occ: Worker in Cloth Shop at General Bazar, Secunderabad, Caste: Vaddera (BC), R/o. & N/o. H.No. 1-17-179, Balamrai, Begumpet, Secunderabad …… Accused

This case is coming on before me for final hearing in the presence of SMT. B. SARITHA RANI, Learned Assistant Public Prosecutor for the State/complainant and of SRI S. NARAYANA RAO, SRI S.NAGENDHAR RAO, Advocates for accused, and after perusing the case records and upon hearing the arguments on both sides, this Court made the following:-

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

The Sub-Inspector of Police, Police Station Mahankali,

Secunderabad had filed charge sheet in Crime No. 60/2023 against the accused for the offences punishable under Sections 454, 380 of Indian

Penal Code.

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2.The brief facts of the prosecution case are as follows:-

(i)On 02-04-2023 at about 02:40 P.M., the defacto complainant/

LW./Sri Iliash Ali Mola along with his family members went to General

Bazar for shopping and after completion of his shopping at about 04:30

P.M. he returned to his house i.e., Flat No. 303, H.No. 1-5-184 & 204 to 206, Sri Sai complex, Kalasiguda, Secunderabad and he noticed that the main door of his house lock was break opened. He further observed missing of (i) 03 gold chains (1 big chain-15 grams and 2 kids chains- 10 grams) of total 25 grams of gold and Rs. 500/- notes of cash of about Rs. 25,000/- to Rs. 30,000/- approximately were stolen by some unknown person. Hence the report.

(ii)Basing on the report of defacto complainant/LW.1/Sri Iliash Ali

Mola, LW.9/Sri Kaveti Srinivasulu, Inspector of Police, P.S. Mahankali registered a case in Crime No. 60/2023 for the offences under Sections 454, 380 of Indian Penal Code, issued First Information Report and handed over the CD file to LW.10/Sri P. Srikanth, Sub-Inspector of

Police. During the course of investigation, LW.10 examined and recorded the statement of LW.1/Sri Iliash Ali Mola, visited the scene of offence and conducted scene of offence observation panchanama in

CDF and drafted rough sketch in CDF in the presnece of mediators.

(iii).On 04-04-2023 at about 10:45 hours, the accused was apprehended by LW.10/Sri P. Srikanth, S.I. of Police, P.S. Mahankali and on interrogation, the accused admitted her guilt in commission of this

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offence along with other offences and thereafter, LW.10 recorded the confessional statement of the accused and seized (03) gold chains (01 big chain-15 grams and 2 kids chains-10 grams) of total 25 grams of gold and cash of Rs. 27,200/- from the possession of the accused under the cover of confession-cum-seizure panchanama in the presence of mediators. During investigation, it was revealed that the accused is a habitual property offender and previously she was involved as many as 14 house burglary cases and arrested by the police of different police stations. After completion of investigation and after collecting necessary documents, charge sheet was filed against the accused for the offence under Sections 454, 380 of Indian Penal

Code.

3.This Court took cognizance for the offence punishable under

Sections 454, 380 of Indian Penal Code against the accused. On production of the accused before this Court, copies of documents were furnished to her as contemplated under Section 207 of the Code of

Criminal Procedure.

4. The Accused was examined Under section 239 Code of Criminal

Procedure. A Charge has been framed against the accused for the offence punishable under Sections 454, 380 of Indian Penal Code, and the contents of the charge were read over and explained to her in

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vernacular language, to which, the accused pleaded not guilty and claimed to tried.

5.The prosecution has cited Ten (10) witnesses, out of them, it could examine only Four (04) witnesses as PW.1 to PW.4 and got marked Ex.P1 to Ex.P5 documents and the material object-M.O.1.

6.After reporting closure of prosecution side evidence, the Accused was examined under Section 313 of the Code of Criminal Procedure with regard to the incriminating circumstances appearing in the evidence of prosecution witnesses, the same was read over and explained to the accused in her vernacular language, for which, she denied the same and reported no defence evidence.

7.Heard the learned Assistant Public Prosecutor and learned

Counsel for the accused.

8.Now, the point for determination is:- “Whether the prosecution has brought

home the guilt of the Accused for the offence

punishable under Sections 454, 380 of Indian

Penal Code, beyond reasonable doubt?”

9.POINT:

The case of the prosecution is that on 02-04-2023 at about 15:00 hours, the accused trespassed into the house i.e., Flat No. 303, H.No.

1-5-184 & 204 to 206, Sri Sai complex, Kalasiguda, Secunderabad belonging to PW.1 by break opening the lock of the main door of the

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house and committed theft of (i) 03 gold chains (1 big chain-15 grams and 2 kids chains- 10 grams) of total 25 grams of gold and (ii) Rs. 500/- notes of cash of about Rs. 25,000/- to Rs. 30,000/- approximately and fled away from the spot.

10.To establish the case of prosecution, the prosecution herein examined Four (04) witnesses in total and placed reliance upon the documents under Ex.P1 to Ex.P5 and M.O.1. PW.1 is the defacto complainant. PW.2 is the panch witness for confession-cum-seizure panchanama. PW.3 is the panch witness for scene of offence panchanama. PW.4 is the Sub-Inspector of Police/Investigating Officer.

11.PW.1 is the defacto complainant. He deposed that on he is working as Gold Smith in the name and style of ‘Iliash Jewellery Shop’, at General Bazaar and his house is located nearby the shop and on 02- 04-2023 he went to Monda Market to purchase cloths on the occasion of Ramzan festival along with his family members by locking their house in the afternoon hours. He further stated that they returned home at about 04:30 PM and observed that their lock of the main door was broke opened and then he entered his house and observed that his Almirah also break opened. He further stated that on search he found that Rs.30,000/- cash and three (03) gold chains, total approximately weighing 25 grams were found missing. Thereafter, he lodged complaint at Mahankali police station and the police examined him and recorded his statement and he also received cash of

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Rs.27,200/- and 3 chains from the court as interim custody. Through him, Ex.P1 and M.O.1 are marked. Ex.P1 is the complaint. MO1 is the 3 gold chains.

12.To prove that accused committed the offence, prosecution reied upon the evidence of PW.2 and PW.3.

13.PW.3 is the panch witness for scene of offence panchanama. He deposed that on 02-04-2023 at about 08:30 A.M. the police called him to P.S. with regard to a theft at Sai Complex, General Bazar,

Secunderabad, but the Police never conducted any panchanama in his presence and the Police obtained his signatures stating that they were enquiring with regard to the theft. Through him, Ex.P3 is marked. Ex.P3 is the signature of PW.3 on the scene of offence panchanama. But, when the learned APP cross-examined PW.3 after declaring him hostile witness, PW.1 admitted that on 02-04-2023 police conducted scene of offence panchanama with regard to a theft at Sai complex.

14.Hence, from the evidence of PW.1 and PW.3, this Court opined that prosecution proved to the extent that some one has committed theft at the house of PW.1 on 02-04-2023.

15.PW.2 is the panch witness for confession-cum-seizure panchanama. He deposed that on 04-04-2023 at about 11.:15 AM the police called him to P.S. Mahankali and immediately, he went there and by the time he reached police station, one lady namely Kalpana was

XI ACJM

Date: 10-04-2026 7 of 12 CC.No.738 of 2023

present in the police station and the police enquired Kalpana in his presence. He further stated that the accused confessed her guilt and the police seized 3 gold chains, cash of Rs. 27,200/- in his presence and the Police read over the panchanama and after that he put his signature on it. PW.2 identified the accused as that of the person from whom police seized the gold and cash. Ex.P2 is the confession- cum- seizure panchanama.

16.PW.4 is the then Sub-Inspector of Police, P.S. Mahankali and

Investigating Officer. He deposed that basing on the complaint given by PW1, LW.9/Sri Kaveti Srinivasulu, S.I. of Police registered a case in

Crime No. 60/2023 for the offence u/secs. 454, 380 of IPC and issued

FIR under Ex.P4 and later, the case file was entrusted to him for further investigation. He further stated that he examined and recorded the statement of PW1, proceeded to the scene of offence along with staff and conducted scene of offence panchanama along with rough sketch in the presence of LW2/Sri Raju Ray and PW3 and on 04-04-2023, he received credible information about the accused at parklane and immediately, he informed the same to the superior officer, he along with LW6 to LW8 proceeded to the spot and apprehended the accused and brought to P.S. He further stated that on interrogation she (accused) revealed her particulars and voluntarily confessed her guilt and immediately, he secured the presence of LW4 and PW2 and recorded confession cum seizure panchanama in their presence and seized 3 gold chains total 25 grams and Rs. 27,200/- from the

XI ACJM

Date: 10-04-2026 8 of 12 CC.No.738 of 2023

possession of the accused and during investigation, it was disclosed that the accused is an habitual property offender and involved in 14 house burglary cases and arrested by P.S. Begumpet, Nacharam,

Kusaiguda and Market. After completion of investigation, PW.4 has filed the charge sheet against the accused. Ex.P5 is the Crime Details Form.

17.The counsel for the accused cross-examined PW.1 to PW.4. PW.1 in his cross-examination stated that he is residing in his own Flat No.

303 in the third floor of Sri Sai complex, located at General Bazar,

Kalasiguda. He further admitted that he knows LW.4 and LW.5/PW.2, who are his neighbours and relatives.

18.PW.2, who is the panch witness for confession-cum-seizure panchanama, stated that he knows PW.1. Further he admitted that himself, PW.1 and LW.4 are residing in the same flat No. 303, Sai complex, Kalasiguda. Hence, this Court opined that PW.2 and LW.4 are interested witnesses. The counsel for the accused argued that as PW.2 is interested witness, this Court cannot look into the evidence of PW.2.

But this Court opined that even though they are interested witnesses, this Court has to appreciate the evidence with care and caution. PW.2 stated that on 04-04-2023 when police called him and he went to the police station. By the time he reached the police station one lady namely Kalpana is present in the police station. Further, he stated that police enquired with Kalpana in his presence and police seized three

XI ACJM

Date: 10-04-2026 9 of 12 CC.No.738 of 2023

(03) gold chains and cash of Rs. 27,200/- in his presence. But in the cross-examination he stated that by the time he reached the police station, police shown him three gold chains and cash on the table.

Further, in the cross-examination, PW.2 stated that police never seized anything from the possession of the accused in his presence.

19.This Court further looked into the confession statement of the accused-Pasupula Kalpana. She stated that on 02-04-2023 at around 15:00 hours to 16:00 hours she went to Kalasiguda near Sai complex and observed one house on third floor main door was locked from outside. Immediately, she went to third floor and kept observation and when no one was watching her, she took an advantage with the help of cutting plier, opened the lock and went inside the house and searched for Almirah keys and later, she found the keys and opened the Almirah and committed theft of gold and cash and after that she closed the doors and fled away from the spot.

20.In this case, no CCTV footage was collected. The I.O. did not make any enquiry with regard to the cutting plier. The I.O. did not take any steps to find the finger prints on the door, lock, cutting plier, etc.

PW.4 in his cross-examination stated that he did not recover any lock from the scene of offence. PW.4 also admitted that he did not file any

CCTV footage. He also admitted that he did not mention the date on which he recorded the statement of Lw.1. Further, PW.4 stated that he did not mention the particulars of the place where he arrested the

XI ACJM

Date: 10-04-2026 10 of 12 CC.No.738 of 2023

accused. In the arrest memo, there is no mention with regard to the specific place at which the I.O. arrested the accused. Further, in column No.8 the I.O. mentioned that he did not conduct any physical search and nothing is taken into possession while arresting the accused. Generally any person carries gold and cash, they must be kept in any cover, paper or bag, but the I.O. never stated that from which type of container, he seized the gold and cash.

21.Further, the accused in her confession stated that on 04-04-2023 at 10:45 hours again she came to Parklane and was waiting to sell the stolen property. Meantime police came in Mufti and caught-hold her and seized three (03) gold chains and cash of Rs. 27,200/-. But this

Court cannot believe the version of panchanama as if any person stolen gold ornaments along with cash, they would not carry cash.

Further, in this case in the confession there is no mention with regard to the shop where the accused intended to sell the gold articles. In this case, there is no necessity for the accused to carry cash of Rs.27,200/- which is the stolen money.

22.Even though the Investigating Officer stated that the accused involved in various house burglary cases, there is no proof that she was convicted. The Investigating Officer did not examine any neighbours of the complainant.

23.In view of the discussion held supra, it is evident that as the seizure is not proved and the panch witnesses are interested

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Date: 10-04-2026 11 of 12 CC.No.738 of 2023

witnesses, no CCTV footages were collected and no F.S.L. report was collected for comparing the thumb impressions of the accused on the broken lock, cutting plier, this Court is of the opinion that the prosecution failed to establish the guilt of the accused for the alleged offences beyond all reasonable doubt. Accordingly, point is answered against the prosecution and in favour of the accused.

24(i). In the result, the accused is found not guilty for the offences punishable under Sections 454, 380 of Indian Penal Code and accordingly, she is acquitted for the said offences under Section 248(1)

Code of Criminal Procedure. The bail bonds of the accused shall stand cancelled after the expiry of Six (6) months from the date of this

Judgment, as contemplated under Section 437-A Code of Criminal

Procedure.

(ii).The interim custody of M.O.1 (i.e., three gold chains) and the unmarked case property i.e., cash of Rs. 27,200/- [deposited vide P.I.

No. 75/2023) which were returned to its owner/PW.1 shall be made absolute after expiry of appeal time.

Typed to my dictation by the Stenographer, corrected and pronounced by me in the Open Court on this, the 10 th day of April, 2026.

XI ADDL. CHIEF JUDICIAL MAGISTRATE,

SECUNDERABAD

XI ACJM

Date: 10-04-2026 12 of 12 CC.No.738 of 2023

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

FOR PROSECUTION FOR DEFENCE

PW1: Sri Iliash Ali Mola, (complainant ) - Nil -

PW2: Sri Arif Molla, (panch for confession-cum-seizure panchanama)

PW3: Sri Obhijith Ali , (panch for scene of offence panchanama)

PW4: Sri P. Srikanth, (Sub-Inspector of Police/Investigating Officer)

EXHIBITS MARKED

ON BEHALF OF PROSECUTION

Ex.P1 : Complaint of PW.1 dated 02-04-2023 Ex.P2 : Confession-cum-seizure panchanama Ex.P3 : Signature of PW.3 on the scene of offence panchanama Ex.P4 : First Information Report dated 02-04-2023 Ex.P5 : Crime Details Form

ON BEHALF OF DEFENCE

- Nil -

MATERIAL OBJECTS MARKED

M.O.1 : Three (03) gold chains

XI ADDL. CHIEF JUDICIAL MAGISTRATE,

SECUNDERABAD

XI ACJM

Date: 10-04-2026 1 of 10 CC.No. 1913 of 2022

IN THE COURT OF THE XI ADDL. CHIEF JUDICIAL MAGISTRATE

:: AT SECUNDERABAD

PRESENT: SMT. P. PADMAVATHI,

XI ADDL. CHIEF JUDICIAL MAGISTRATE,

SECUNDERABAD

Friday, this the 10th day of April, 2026

CALENDAR CASE No. 1913 of 2022

Between :

The State of Telangana, represented by the Station House Officer, Police Station Mahankali, Secunderabad. …… Complainant

And

A1) Nakkala Vignesh, S/o. Nakkala Ramesh, Aged: 19 years, Occ: Private Job, R/o. H.No. 10-4-A/87/1, Shastri Nagar, Addagutta, Secunderabad

A2) Sharma Lucky, S/o. Anil Kumar Sharma, Aged: 21 years, Occ: Student, R/o. H.No. 10-5-779/276, Venkatnagar, Tukaramgate, Addagutta, Secunderabad

A3) Eedigalla Chandu, S/o. E. Mallesh, Aged: 21 years, Occ: Blue Dart Delivery Boy, R/o. H.No. 10-5-779/125, Venkatnagar, Near Anganwadi, Tukaramgate, Secunderabad

A4) Akhil, R/o. Venkat Nagar, Tukaramgate, Secunderabad

A5) Venkatesh, R/o. Venkat Nagar, Tukaramgate, Secunderabad …… Accused

This case is coming on before me for final hearing in the presence of SMT. B. SARITHA RANI, Learned Assistant Public Prosecutor for the Prosecution and of SRI P. PANDU RANGA GOUD, V. BHAGYA SREE, Advocate for the accused No.1 to 5 and after perusing the case records and upon hearing the arguments on both sides, this Court made the following:-

XI ACJM

Date: 10-04-2026 2 of 10 CC.No. 1913 of 2022

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

The Sub-Inspector of Police, Police Station Mahankali, Secunderabad had filed charge sheet in Crime No. 180/2022 against the accused No.1 to 5 for the offences punishable under Sections 324, 323, 326, 504 read with 34 of Indian Penal Code.

2. The brief facts of the prosecution case are as follows:-

(i)On 09-09-2022 at 10:00 hours, the defacto complainant/LW.1/Sri

Rachakonda Raju, S/o. R. Mallaiah, Aged: 28 years lodged a complaint stating that on 08-09-2022 he along with his friends participated in Ganesh Idol immersion procession and at around 12:00 A.M., when the procession reached Plaza X roads, Secunderabad, himself, his nephew K. Sagar (aged 19 years), K. Venu (aged 33 years) and some of his friends while walking in a group towards Paradise road to catch up with their truck carrying Ganesh Idol and in the meantime, another group of people carrying Ganesh Idol in a truck started to provoke them by passing abusive comments and thereby, two groups entered into an argument, which lead to fight between two groups. At around 03:00 hours one unknown person from the group took out a sharp object i.e., blade and attacked on the complainant and his friends. He attacked and cut the Sagar’s neck on the left side and attacked Venu with the same blade and cut his back. In the incident, the complainant and his friends received bleeding injuries and K. Sagar was shifted to Sunshine hospital,

Secunderabad vide MLC No. 3864, IP No. 6309 and K. Venu was shifted to

Srikara Hospital, Secunderabad from the spot and they both are currently

XI ACJM

Date: 10-04-2026 3 of 10 CC.No. 1913 of 2022

undergoing treatment at the respective hospitals. Hence, he requested to take necessary action on the unknown persons as per law.

(ii)Basing on the contents of the above report, LW.10/Sri K. Srinivasulu,

S.H.O., P.S. Mahankali registered a case in Crime No. 180/2022 for the offence under Sections 324, 504 read with 34 of Indian Penal Code, issued First

Information Report and handed over the case file to LW.11/Sri G. Rakesh, Sub-

Inspector of Police, P.S. Mahankali. During the course of investigation, LW.11 examined and recorded the statement of LW.1/Sri R. Raju, Thereafter, LW.11 visited the scene of offence located at Plaza X roads, Secunderabad and drafted observation panchanama and drew rough sketch of the scene of offence in Crime Details Form in the presence of mediators. Thereafter,

LW.11/Sri G. Rakesh, S.I. of Police recorded the statements of injured persons viz., LW.2/Sri K. Venu and LW.3/Sri K. Sagar by visiting the respective hospitals in which they are taking treatment.

(iii).On 13-09-2022 the accused No.1 came to the police station and surrendered before LW.11 and on interrogation, the accused confessed their guilt and recorded the confession statement of A1 and basing on the confession of the accused No.1, LW.11 traced the the accused No.2 and 3 while the accused No.4 and 5 are still absconding. Thereafter, LW.11 received

MLC report prepared by LW.8/Dr. Rajender Kumar and LW.9/Dr. Bhavani

Prasad, in which it is opined that the injuries caused to LW.2/Sri K. Venu are grievous in nature while the injuries received by LW.3/Sri K. Sagar are simple in nature. Accordingly, sections 323 and 326 of IPC were added to the existing sections considering that the injuries are grievous in nature. After

XI ACJM

Date: 10-04-2026 4 of 10 CC.No. 1913 of 2022

completion of investigation and after collecting necessary documents, charge sheet was filed against the accused No.1 to 5 for the offence under Sections 324, 323, 326, 504 read with 34 of Indian Penal Code, requesting the Court to issue NBWs against the accused No.4 and 5.

3.This Court took cognizance for the offence punishable under Sections 324, 323, 326, 504 read with 34 of Indian Penal Code against the accused

No.1 to 5 and the NBWs are issued against the accused No.4 and 5.

4.Thereafter, the accused NO.4 and 5 were produced before this Court on execution of NBWs.

5.On appearance of the accused No.1 to 5 before this Court, copies of charge sheet along with documents were furnished to them, as contemplated under Section 207 of the Code of Criminal Procedure.

6. The Accused No.1 to 5 were examined Under section 239 Code of

Criminal Procedure. A Charge has been framed against the accused No.1 to 5 for the offences punishable under Sections 324, 323, 326, 504 read with 34 of Indian Penal Code and the contents of the charge were read over and explained to them in vernacular language, to which, Accused No.1 to 5 pleaded not guilty and claimed to be tried.

7.The prosecution has cited Eleven (11) witnesses in the charge sheet, out of them, it could succeed in examining only Four (04) witnesses and got markedthe documentsEx.P1 to Ex.P8 documents.

XI ACJM

Date: 10-04-2026 5 of 10 CC.No. 1913 of 2022

8.After reporting closure of prosecution side evidence, the Accused No.1 to 5 were examined under Section 313 of the Code of Criminal Procedure with regard to the incriminating circumstances appearing in the evidence of prosecution witnesses, the same was read over and explained to the accused

No.1 to 5 in their vernacular language, for which, they denied the same and they did not submit any thing in their defence and reported no defence evidence.

9.Heard the learned Assistant Public Prosecutor and learned Counsel for the accused.

10.Now, the point for determination is: “Whether the prosecution has brought home

the guilt of the Accused No.1 to 5 for the offences

punishable under Sections 324, 323, 326, 504 read

with 34 of Indian Penal Code, beyond reasonable

doubt?”

POINT:

11.The case of the prosecution is that on 07-09-2022 the accused No.1 to 5 participated in Ganesh idol immersion procession at Secunderabad and they consumed alcohol and were in intoxicated condition and when the procession reached Plaza X roads, the accused persons intentionally provoked the defacto complainant/LW.1/Sri R. Raju and his friends-

LW.2/K.Venu and LW.3/K. Sagar and attacked on them with a sharp object i.e., blade and caused them injuries and thus the accused persons committed the offence punishable under Sections 324, 323, 504 read with 34 of IPC.

XI ACJM

Date: 10-04-2026 6 of 10 CC.No. 1913 of 2022

12.To establish the case of prosecution, the prosecution herein examined four (04) witnesses in total and placed reliance upon the documents under

Ex.P1 to Ex.P8. The defacto complainant was examined as PW.1. PW.2 and

PW.3 are the injured. PW.4 is the Sub-Inspector of Police/Investigating Officer.

13(i). PW.1 is the defacto complainant. He deposed that on 08-09-2022 at the time of Ganesh Nimajjan, they started at night 12:00 hours from

Tukaramgate towards Tankbund and when they reached Plaza X road, at 03:00AM A1 to A5 came there and abused him, then he asked accused persons why they are abusing him, then all the accused attacked him and

LW2/Sri K. Venu and LW3/Sri K. Sagar, with a blade and thereby, he sustained cut injury on his chin, LW3/Sri K. Sagar sustained cut injury on his neck and

LW2 sustained cut injury on back side and all of them having bleeding injuries and immediately the police shifted him and LW3/Sri K. Sagar to Sunshine

Hospital, Paradise whereas LW2/Sri K. Venu shifted to Srikara Hospital,

Secunderabad. He further stated that LW3 undergone surgery and at about 10:00 AM Mahankali police came to the hospital, then he went to Mahankali police station and lodged complaint. He stated that he can identify those person and he identified the persons who are present in the court hall as A1 to A5 who attacked them on that day. Through him, Ex.P1/Complaint is marked.

(ii).The learned Counsel for the accused cross-examined PW.1. In the cross-examination, PW.1 admitted that the accused never beat him at any point of time and that previously he has filed a complaint against the accused and now they are settled the matter before elders and that he did not want to

XI ACJM

Date: 10-04-2026 7 of 10 CC.No. 1913 of 2022

proceed with the case as they have entered into compromise with the accused persons.

(iii).The evidence of PW.1 discloses that though he deposed in the chief examination supporting the case of the prosecution, but in the cross- examination, he retracted from his earlier version what he stated in his chief examination. Thereby, the evidence of PW.1 is of no useful to the prosecution.

14.PW.2 and PW.3 are the injured persons. Both of them deposed that they do not know A1 to A5 and they do not know any facts of the case and that they did not sustained any injuries by the accused and the police never examined and recorded their statements. Through PW.2, Ex.P2/161 Cr.P.C statement of PW.2 is marked. Through PW.3, Ex.P3/161 Cr.P.C statement of

PW.3 is marked.

15. On the request of the learned Assistant Public Prosecutor, PW.2 and PW.3 were declared hostile and though the prosecution had an opportunity to elicit incriminating material by way of cross-examination, nothing incriminating material could be elicited nor any material favouring the prosecution is available in the deposition of PW.2 and PW.3.

16.The deposition of PW.1 to PW.3 emphatically discloses that accused persons never PW.1 to PW.3 and caused injuries to them at any time and no such incident occurred and it appears that the issues in this case have been

XI ACJM

Date: 10-04-2026 8 of 10 CC.No. 1913 of 2022

resolved out of the Court. It is evident that PW.1 to PW.3 had not sailed along with the case of the prosecution.

17(i). The Investigating Officer of this case is examined as PW.4, PW.4 in turn has deposed that basing on the contents of the report lodged by the PW1,

LW.10/Sri K. Srinivasulu, S.H.O., of P.S. Mahankali registered the case against the accused, issued First Information Report under Ex.P4 and thereafter, the case file was entrusted to him for further investigation. During the course of investigation, PW4 has secured the presence of PW1, examined him and recorded his detailed statement and drafted observation panchanama and drawn rough sketch of the scene in the presence of mediators. His evidence also discloses about the conducting of further investigation and filing of charge sheet after completion of investigation. Through him, Ex.P4 to Ex.P8 are marked. Ex.P4 is the First Information Report, Ex.P5 is the scene of offence panchanama along with rough sketch, Ex.P6 is the confession statement of A1, Ex.P7 is the Medical Certificate of PW.2, Ex.P8 is the Medical

Certificate of PW.3.

(ii).In the cross-examination, PW.4 admitted that he did not collect any

CCTV footage at the scene of offence and when he visited the scene of offence on the next day no one was present there. He further admitted that he did not conduct any Test Identification Parade and that he did not seize any material from A1 to A5.

XI ACJM

Date: 10-04-2026 9 of 10 CC.No. 1913 of 2022

18.The deposition of PW.4 highlights the procedural aspects. Since, the material witnesses (PW.1 to PW.3) did not support the case of the prosecution, the evidence of PW.4 do not give any aid to establish the fact that the accused committed the charged offence.

19.In the result, the accused No.1 to 5 are foundnot guilty for the offences punishable under Sections 324, 323, 326, 504 read with 34 of Indian

Penal Code and accordingly, they are acquitted for the said offence under

Section 248(1) Code of Criminal Procedure. The bail bonds of the accused

No.1 to 5, if any, shall stand cancelled after the expiry of Six (06) months from the date of this Judgment, as contemplated under Section 437-A Code of

Criminal Procedure. Since, no property is seized and produced before this

Court, as such there is no order as to its disposal.

Typed to my dictation by the Stenographer, corrected and pronounced by me in the Open Court on this, the 10 th day of April, 2026.

XI ADDL. CHIEF JUDICIAL MAGISTRATE,

SECUNDERABAD

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

FOR PROSECUTION FOR DEFENCE

PW1: Sri R. Raju, (defacto complainant) - None -

PW2: Sri K. Venu, (victim/injured)

PW3: Sri Sagar , (victim/injured)

PW4: Sri G. Rakesh, (Sub-Inspector of Police/ Investigating Officer)

XI ACJM

Date: 10-04-2026 10 of 10 CC.No. 1913 of 2022

EXHIBITS MARKED

ON BEHALF OF PROSECUTION

Ex.P1 : Complaint of PW.1 Ex.P2 : 161 Cr.P.C statement of PW.2 Ex.P3 : 161 Cr.P.C statement of PW.3 Ex.P4 : First Information Report Ex.P5 : Scene of offence panchanama along with rough sketch Ex.P6 : Confession statement of A1 Ex.P7 : Medical Certificate of PW.2 Ex.P8 : Medical Certificate of PW.3

ON BEHALF OF DEFENCE

- Nil -

MATERIAL OBJECTS MARKED

- Nil -

XI ADDL. CHIEF JUDICIAL MAGISTRATE,

SECUNDERABAD

XI ACJM

Date: 24-04-2026 1 of 9 CC.No.1671 of 2022

IN THE COURT OF THE XI ADDL. CHIEF JUDICIAL MAGISTRATE

:: AT SECUNDERABAD

PRESENT : SMT. P. PADMAVATHI,

XI ADDL. CHIEF JUDICIAL MAGISTRATE,

SECUNDERABAD

FRIDAY, this the 24th day of April, 2026

C.C. No. 1671 of 2022

Between :

The State of Telangana, represented by the Station House Officer, Police Station Begumpet, Secunderabad. …… Complainant

And

Pakala Krishna @ Laddu, S/o. Dasharath, Aged: 21 years, Occ: Courier Service, R/o. H.No. 2-3-546, Nallagutta, Begumpet, Secunderabad …… Accused

This case is coming on before me for final hearing in the presence of SMT. B. SARITHA RANI, Learned Assistant Public Prosecutor for the State/complainant and of SRI S. NARAYANA RAO, SRI S.NAGENDHAR RAO, Advocates for the accused and after perusing the case records and upon hearing the arguments on both sides, this Court made the following:-

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

The Sub-Inspector of Police, Police Station Begumpet, Hyderabad had filed charge sheet in Crime No. 395/2022 against the accused for the offences punishable under Sections 457, 380 of Indian Penal Code.

2.The brief facts of the prosecution case are as follows:-

(i)On 26-08-2022 at about 00:30 hours the accused gained entry into the Water Plant situated at House bearing No. 1-19-104,

XI ACJM

Date: 24-04-2026 2 of 9 CC.No.1671 of 2022

Rasoolpura, Begumpet, Secunderabad, belonging to the defacto complainant/LW.1/Sri Mooda Kashivisvendar Raju by break opening the locks of the Water Plant and committed theft of cash of Rs. 200/- from the above said premises. Hence, the complaint.

(ii)Basing on the contents of the report of LW.1/Sri Mooda Kashi

Visvendar Raju, LW.8/Sri P. Srinivas Rao, Inspector of Police, P.S.

Begumpet registered a case in Crime No. 395/2022 for the offences under Sections 457, 380 of Indian Penal Code, issued First Information

Report and handed over the CD file to LW.9/Sri R. Jaya Chandar, Sub-

Inspector of Police. During the course of investigation, LW.9 examined and recorded the statements of LW.1/Sri Mooda Kashivisvendar Raju, visited the scene of offence, conducted scene of observation panchanama and drawn rough sketch of the scene in the presence of mediators-viz., LW.2/Sri S. Ravinder and LW.3/Sri L. Ramesh. On 26-08- 2022 at 11:00 hours, the accused was apprehended by the police at

Patigadda, Begumpet, brought him to the P.S. and on interrogtion, the accused voluntarily confessed his guilt and recovered Rs. 100/- under the cover of confession-cum-seizure panchanama in the presence of mediators-LW.4/Sri Abdul Jabbar and LW.5/Sri Sai Kumar. After completion of investigation and after collecting necessary documents, charge sheet was filed against the accused for the offences under

Sections 457, 380 of Indian Penal Code.

XI ACJM

Date: 24-04-2026 3 of 9 CC.No.1671 of 2022

3.This Court took cognizance for the offence punishable under

Sections 457, 380 of Indian Penal Code against the accused. On appearance of the accused before this Court, copies of documents were furnished to him as contemplated under Section 207 of the Code of Criminal Procedure.

4. The Accused was examined Under section 239 Code of Criminal

Procedure. A Charge has been framed against the accused for an offence punishable under Sections 457, 380 of Indian Penal Code, and the contents of the charge were read over and explained to him in vernacular language, to which, the accused pleaded not guilty and claimed to tried.

5.The prosecution has cited Nine (09) witnesses, out of them, it could examine only Four (04) witnesses as PW.1 to PW.4 and got marked Ex.P1 to Ex.P4 documents.

6.After reporting closure of prosecution side evidence, the Accused was examined under Section 313 of the Code of Criminal Procedure with regard to the incriminating circumstances appearing in the evidence of prosecution witnesses, the same was read over and explained to him in his vernacular language, for which, the accused denied the same and he did not submit anything in his defence and reported no defence evidence.

XI ACJM

Date: 24-04-2026 4 of 9 CC.No.1671 of 2022

7.Heard the learned Assistant Public Prosecutor and learned

Counsel for the accused.

8.Now, the point for determination is:- “Whether the prosecution has brought

home the guilt of the Accused for the offence

punishable under Sections 457, 380 of Indian

Penal Code, beyond reasonable doubt?”

9.POINT:

The case of the prosecution is that on 26-08-2022 at about 00:30 hours, the accused gained entry into the Water Plant situated at House bearing No. 1-19-104, Rasoolpura, Begumpet, Secunderabad belonging to PW.1 by break opening the locks of the said Water Plant and committed theft of cash of Rs.200/- from the above premises.

10.To establish the case of prosecution, the prosecution herein examined Four (04) witnesses in total and placed reliance upon the documents under Ex.P1 to Ex.P4. PW.1 is the defacto complainant.

PW.2 is the panch for scene of observation panchanama and rough sketch. PW.3 is the panch for confession-cum-seizure panchanama of accused. PW.4 is the Sub-Inspector of Police/Investigating Officer.

11.PW.1 is the defacto complainant. According to him, on 26-08- 2022 after mid night, he heard sound from Water Plant which is located at Rasoolpura, Nallapochamma temple near to his house, then he woke up and found that the locks of the plant were break opened, then they

XI ACJM

Date: 24-04-2026 5 of 9 CC.No.1671 of 2022

observed one person coming out of the plant and immediately, he caught-hold him and lodged complaint. Ex.P1 is the complaint marked through PW.1. He further stated that police came there, took away the accused to the police station and the police found some amount in the pocket of the accused, but he do not know how much amount it would be and the police examined him and recorded his statement. PW.1 identified the accused and he is doing ice cream business.

12.PW.2 is the mediator for the scene of observation panchanama and rough sketch. He deposed that on 26-08-2022 the police called him in the mid night with regard to some one has broken the locks of water plant and then he went near Nalla Pochamma temple where the plant is located and the police conducted scene of offence panchanama in his presence and thereafter, he put his signature on it.

Through him, Ex.P2/scene of offence panchanama is marked.

13(i). PW.3 is the panch witness for confession-cum-seizure panchanama of accused. He deposed that on 26-08-2022 at 11:00 or 12:00 A.M., the police called him to P.S. Begumpet, there he found one person namely Krishna, and the said person before the police stated that he has committed theft of cash of Rs. 200/- from the water plant, which is located at backside of the temple. He further stated that he cannot identify the accused at present. He stated that after the panchanama, he put his signature on it, but he do not know whether

XI ACJM

Date: 24-04-2026 6 of 9 CC.No.1671 of 2022

the police seized any amount from the possession of accused or not.

Through him, Ex.P3/confession-cum-seizure panchanama is marked.

(ii).PW.3 could not identify the accused and he did not know whether any amount was seized from the possession of the accused. Thereby,

PW.3 did not support the case of the prosecution and turned hostile.

14.The Sub-Inspector of Police/Investigating Officer was examined as PW.4. He deposed that on 26-08-2022 at 06:00 hours, LW.8/Sri

P.Srinivas Rao, Inspector of Police, P.S. Begumpet received a complaint from PW.1, basing on it, LW.8 registered the case, issued F.I.R. and handed over the CD file to him for further investigation. He further deposed about recording the PW.1, visiting the scene of offence, conduct of scene of offence panchanama and drawing rough sketch, arrest of the accused and thereafter, recording the confession statement of the accused and seizure of cash of Rs. 100/- under the cover confession-cum-seizure panchanama and thereafter producing the accused before this Court. After completion of investigation, he filed charge sheet against the accused. Through him, Ex.P4 is marked.

Ex.P4 is the First Information Report.

15.The counsel for the accused cross-examined PW.1 to PW.4. IN the complaint, the complainant stated that the accused has committed theft of cash of Rs. 200/- from the premises of Water Plant. But, in the chief examination, PW.1 stated that he do not know how much amount

XI ACJM

Date: 24-04-2026 7 of 9 CC.No.1671 of 2022

it will be. Hence, it can be treated as contradiction. Further, PW.1 stated that when he observed one person coming out of the plant he red handedly caught-hold him, but in the 161 Cr.P.C statement, he did not state that he caught-hold the accused. Instead in the 161 CrP.C statement, he stated that the accused fled away from the scene of offence and hence it can also be treated as improvement. Further,

PW.1 identified the accused who is present in the court hall as the person who entered into the water plant, but in the 161 Cr.P.C statement nowhere stated that he has seen that person and he can identify the person if shown to him. PW.4/I.O. also stated that he did not conduct any Test Identification Parade as PW.1 nowhere stated that he can identify the accused. Hence, the identification by PW.1 is not believable. Further, as per the prosecution case, the accused break opened the lock and entered into the premises, but PW.1 stated that he never handed over any lock to the police. PW.4/I.O. stated that he did not seize any lock at the scene of offence. In this case, the I.O. did not obtain any finger prints on the lock and sent it to FSL for comparison of the finger prints.

16.Further, PW.3, who is the panch witness for confession-cum- seizure panchanama, stated that at P.S. Begumpet he found one person namely Krishna and he confessed that he committed theft of

Rs. 200/- from the water plant, but he could not identify the accused.

Further, PW.3 stated that he do not know whether police seized any

XI ACJM

Date: 24-04-2026 8 of 9 CC.No.1671 of 2022

amount from the possession of accused. From this, this Court opined that prosecution failed to prove seizure of money from the accused. In the cross-examination, PW.3 clearly stated that he came to know about the facts from public and police and the accused never confessed in his presence and police never seized anything from the possession of accused. From this statement, prosecution utterly failed to prove the confession and seizure of the accused.

17.From the above discussion, the prosecution failed to prove the offence under sections 457, 380 of IPC and as such accused is entitled for acquittal.

18.In the result, the accused is found not guilty for the offences punishable under Sections 457, 380 of Indian Penal Code and accordingly, he is acquitted for the said offences under Section 248(1)

Code of Criminal Procedure. The bail bonds of the accused shall stand cancelled after the expiry of Six (06) months from the date of this

Judgment, as contemplated under Section 437-A Code of Criminal

Procedure. As PW.1 failed to explain how much amount he lost in the alleged commission of theft, the unmarked case property i.e., cash of

Rs. 100/- (which was deposited vide P.I. No. 176/2022) shall be confiscated to the State after expiry of appeal time.

Typed to my dictation by the Stenographer, corrected and pronounced by me in the Open Court on this, the 24 th day of April, 2026.

XI ADDL. CHIEF JUDICIAL MAGISTRATE,

SECUNDERABAD

XI ACJM

Date: 24-04-2026 9 of 9 CC.No.1671 of 2022

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

FOR PROSECUTION FOR DEFENCE

PW1: Sri M. Kashi Vishvender Raju, (defacto complainant) - Nil -

PW2: Sri Ramesh, (panch for scene of offence panchanama and rough sketch )

PW3: Sri Abdul Jabbar, (panch for confession-cum-seizure panchanama of accused)

PW4: Sri R. Jaichander, (Sub-Inspector of Police/Investigating Officer)

EXHIBITS MARKED

ON BEHALF OF PROSECUTION

Ex.P1 : Complaint of PW.1 dated Ex.P2 : Scene of offence panchanama Ex.P3 : Confession-cum-seizure panchanama Ex.P4 : First Information Report

ON BEHALF OF DEFENCE

- Nil -

MATERIAL OBJECTS MARKED

- Nil -

XI ADDL. CHIEF JUDICIAL MAGISTRATE,

SECUNDERABAD

XI ACJM

Dated: 21-04-20261 of 7CC.No. 3846/2021

IN THE COURT OF XI ADDL. CHIEF JUDICIAL MAGISTRATE,

SECUNDERABAD

PRESENT: Smt. P. Padmavathi,

XI Addl. Chief Judicial Magistrate, Secunderabad.

Dated this the 21st day of April, 2026

CALENDAR CASE No. 3846 of 2021

Between:

The State of Telangana, through the Station House Officer, Police Station, Bowenpally, Secunderabad … Complainant AND

Rudrangi Sai Kiran @ Biyyam Sai, S/o. Late Ashok, Aged: 29 years, Occ: Auto Driver, R/o. H.No. 1-12-124, Comsary Bazar, Bowenpally, Secunderabad

... Accused

This case is coming for final hearing before me in the presence of SMT.B. SARITHA RANI, Learned Assistant Public prosecutor for the prosecution and of SRI VVS Satyanarayana, Advocate for the accused and after having perused the evidence on record and upon hearing the arguments, the Court delivered the following:-

J U D G M E N T

The Sub-Inspector of Police, Police Station Bowenpally, Secunderabad has filed charge sheet in Crime No. 393/2021 against the accused for the offences punishable under Sections 324, 506 of Indian Penal Code.

2. The brief facts of the prosecution case are as follows:-

(i)On 06-11-2021 at about 23:30 hours, LW.6/Sri K. Anantha Reddy, HC-7520 of

P.S. Bowenpally recorded the statement of LW.1/Smt. Rudhrangi Raj Kumari, W/o. Sai

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Dated: 21-04-20262 of 7CC.No. 3846/2021

Kiran @ BM Sai, Aged: 20 years at Gandhi Hospital, Secunderabad, in which she stated that she married to one Sai Kiran @ BM Sai (accused) about two (02) years back and after marriage, they used to stay in Hasmathpet, Old Bowenpally, but presently they are staying at H.No. 1-10-061, Kamsari Bazar, New Bowenpally. On 06-11-2021 at 20:00 hours, her husband-Sai came to the house in drunken condition and she served him dinner. After that he complained that she has not cooked the curry well and started abusing her, beating her with hands on her face and later, he found a stick near him and beat with it on her back side and she is carrying six (06) months pregnancy and he did not even consider her pregnancy and kicked on her stomach with his foot. Due to which, she received injuries and fell down on the ground. Her husband threatened her with dire consequences that she should not tell about this incident to anyone. Thereafter, she came to the police station, Bowenpally and the police shifted her to Gandhi Hosital for medical treatment and after investigation, she was admitted in the hospital and undergoing treatment vide MLC NO., 4473 & IP NO. 041761. Hence, she requested to take necessary action against her husband-Sai Kiran @ BM Sai as per law.

(ii)Basing on the contents of the above statements, LW.6/Sri K. Anantha Reddy,

HC-7520 of P.S. Bowenpally registered a case in Crime No. 393/2021 for the offences under Sections 324, 506 of Indian Penal Code, issued First Information

Report and handed over the case file to LW.7/Sri A. Vinay Kumar, Sub-Inspector of

Police, P.S. Bowenpally. During the course of investigation, LW.7 visited Gandhi

Hospital, examined and recorded the statement of LW.1/Smt. Rudhrangi Raj Kumari, in which she corroborated the facts in the F.I.R., thereafter, LW.7 visited scene of offence i.e., H.No. 1-10-061, Kamsari Bazar, New Bowenpally, secured the presence of LW.3/Sri Mohd. Toufiq and LW.4/Sri M. Sunil Kumar and conducted scene of

XI ACJM

Dated: 21-04-20263 of 7CC.No. 3846/2021

offence observation panchanama and drawn rough sketch of the scene and seized one stick from the place of offence which was used for beating LW.1 by the accused.

Thereafter, LW.7/Sri A.Vinay Kumar, S.I. of Police examined and recorded the statement of LW.2/Smt. Laxmi, who is the mother of LW.1.

(iii).On 12-11-2021 at 10:30 hours, the accused was apprehended at Bowenpally auto stand, brought him to the P.S., and on interrogation, the accused voluntarily confessed his guilt and thereafter, effected the arrest of the accused and sent him to the Court for judicial remand. LW.7/Sri A. Vinay Kumar, S.I. of Police, P.S.

Bowenpally obtained the Medical Report of LW.1/Smt. Rudhrangi Raj Kumari, in which LW.5/Dr. Jyothirmai, Asst. Professor, OBG Department, Gandhi Medical College opined that the nature of injuries received by LW.1 are simple in nature. During the course of investigation, it is elicited that the accused-Rudrangi Sai Kiran @ Biyyam

Sai is notorious Rowdy sheeter, ferocious and maintaining rowdy sheet at P.S.

Bowenpally and previously arrested in various crimes. After completion of investigation and after collecting necessary documents, charge sheet was filed against the accused for the offence under Sections 324, 506 of Indian Penal Code.

3.This Court took cognizance for the offence punishable under Sections 324, 506 of Indian Penal Code against the accused. On appearance of the accused

before this Court, copies of charge sheet along with documents were furnished to

the accused, as contemplated under Section 207 of the Code of Criminal Procedure.

4. The Accused was examined Under section 239 Code of Criminal Procedure. A

Charge has been framed against the accused for the offences punishable under

Sections 324, 506 of Indian Penal Code and the contents of the charge were read

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Dated: 21-04-20264 of 7CC.No. 3846/2021

over and explained to the accused in vernacular language, to which, Accused pleaded not guilty and claimed to be tried.

5.The prosecution has cited Seven (07) witnesses in the charge sheet, out of them, it could succeed in examining only Two (02) witnesses and got markedthe documentsEx.P1 to Ex.P5 on behalf of prosecution.

6.After reporting closure of prosecution side evidence, the Accused was examined under Section 313 of the Code of Criminal Procedure with regard to the incriminating circumstances appearing in the evidence of prosecution witnesses, the same was read over and explained to the accused in his vernacular language, for which, he denied the same and he did not submit anything in his defence and reported no defence evidence.

7.Heard the learned Assistant Public Prosecutor and learned Counsel for the accused.

8.Now, the point for determination is:

“Whether the prosecution has brought home the

guilt of the Accused for the offence punishable under

Sections 324, 506 of Indian Penal Code, beyond reasonable

doubt?”

POINT:

9.The case of the prosecution is that the accused is the husband of the defacto complainant/PW.1 and he is a drunkard and used to beat PW.1 on petty issues.

Accordingly, on 06-11-2021 at about 20:00 hours, the accused came to the house in drunken condition and on the pretext of not cooking the curry well, the accused

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Dated: 21-04-20265 of 7CC.No. 3846/2021

abused PW.1 in filthy langauge, beat her with a stick indiscriminately by not even considering that she is a pregnant and also threatened PW.1 with dire consequences and voluntarily caused hurt to PW.1 and thereby, the accused committed the offence punishable under sections 324, 506 of IPC.

10.To establish the case of prosecution, the prosecution herein examined Two (02) witnesses in total and placed reliance upon the documents underEx.P1 to

Ex.P5. The defacto complainant/victim was examined as PW.1. PW.2 is the Sub-

Inspector of Police/Investigating Officer.

11(i). PW.1 is the defacto complainant/victim. She deposed that accused is her husband and she never lodged any complaint before any police station and one day, she went to the police station and the police obtained her signature on some papers. Through PW.1, Ex.P1/Signature of PW.1 on the complaint is marked.

(ii). On the request of the learned Assistant Public Prosecutor, PW.1 was declared hostile and though the prosecution had an opportunity to elicit incriminating material by way of cross-examination, nothing incriminating material could be elicited nor any material favouring the prosecution is available in the deposition of

PW.1.

12.The deposition of PW.1 emphatically discloses that the accused never beat or threatened PW.1 at any point of time and no such incident has occurred as alleged by the prosecution and it appears that the issues in this case have been resolved out of the Court. It is evident that PW.1 had not sailed along with the case of the prosecution.

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Dated: 21-04-20266 of 7CC.No. 3846/2021

13.The Investigating Officer of this case is examined as PW2, PW2 in turn has deposed that basing on the contents of the statement of PW.1 recorded by LW.6 at

Gandhi Hospital on 06-11-2021, LW.6/Sri A. Anantha Reddy, HC-7520 of P.S.

Bowenpally registered the case against the accused, issued First Information Report under Ex.P3 and thereafter, the case file was entrusted to him for further investigation. During the course of investigation, PW.2 has secured the presence of

PW1 and LW.2/Smt. Laxmi (mother of PW.1), examined them and recorded their detailed statements. He deposed about conduct of Crime Details Form in the presence of LW.3/Sri Mohd. Toufiq and LW.4/Sri M. Sunil Kumar and seizure of one stick which was used by the accused and other material part of investigation and filing of charge sheet in this case against the accused. Through PW.2, Ex.P3 to Ex.P5 are marked. Ex.P3 is the FIR, Ex.P4 is the Crime Details Form and Ex.P5 is the

Medical Certificate of PW.1.

14.The deposition of PW.2 highlights the procedural aspects. Since, the material witness (PW.1) did not support the case of the prosecution, the evidence of PW.2 do not give any aid to establish the fact that the accused committed the charged offence.

15. Though, the prosecution claimed that, PW.1 has preferred the statement/report on 06-11-2021, contrary to it, PW.1 has categorically deposed in her chief-examination that he never lodged any complaint before any police station and she has also retracted from her earlier version to the police. Thereby, it appears that the complainant is not interested in prosecuting this case. Thereby, nothing remains for adjudication.

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Dated: 21-04-20267 of 7CC.No. 3846/2021

16. In the result, the accused is found not guilty for the offence punishable under Sections 324, 506 of Indian Penal Code and accordingly, he is acquitted for the said offence under Section 248(1) Code of Criminal Procedure. The bail bonds of the accused, if any, shall stand cancelled after the expiry of Six (06) months from the date of this Judgment, as contemplated under Section 437-A Code of Criminal

Procedure. The unmarked case property i.e., one stick shall be destroyed after expiry of appeal time.

(Typed to my dictation by the Stenographer, corrected and pronounced by me in the Open Court on this day the 21 st day of April, 2026).

XI ADDL. CHIEF JUDICIAL MAGISTRATE,

SECUNDERABAD

A PPENDIX OF EVIDENCE

WITNESSES EXAMINED

FOR PROSECUTION FOR DEFENCE

PW1: Smt. Rudhrangi Raj Kumari, (complainant/injured) - NIL-

PW2: Sri A. Vinay Kumar, (S.I. of Police/Investigating Officer)

EXHIBITS MARKED

FOR PROSECUTION FOR DEFENCE

Ex.P1: Signature of PW.1 on the complaint - Nil -

Ex.P2: 161 Cr.P.C statement of PW.1

Ex.P3: First Information Report

Ex.P4: Crime Details Form

Ex.P5: Medical Certificate of PW.1

MATERIAL OBJECTS MARKED

- Nil -

XI ADDL. CHIEF JUDICIAL MAGISTRATE,

SECUNDERABAD

XI ACJM