The Criminal Petition has been filed under Section 528 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) seeking to quash
proceedings against Petitioner/Accused No.6 in Cr.No.7 of 2026 on the file of
IV Town Police Station, Ananthapur, Ananthapuram District, registered for the
alleged offence punishable under Sections 308(3), 351(2), 329(3), 118(1) read
with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity, ‘the BNS’).
2. Heard the learned counsel for the petitioners and the learned Assistant
Public Prosecutor. Perused the record.
3. On perusal of the record, it can be gleaned that the allegations in FIR
No.7/2026 on the file of IV Town Police Station, Ananthapur, disclose that on
11.01.2026, the accused persons, including the Petitioner, allegedly entered
the FK Exhibition premises, threatened the complainant with extortion
demands of Rs.20 lakhs, and further assaulted the complainant’s relative
Jahrul Haq Basha with sticks causing injuries to his head and shoulder. It is
important to note that the name of the Petitioner was not originally mentioned
in the FIR and was subsequently introduced in the statement of LW-1 under
Section 180(3) of ‘the BNSS’, and the material on record indicates that the
allegation against the group of accused is one of collective assaults and
criminal intimidations. Whether the Petitioner’s implication is mala fide or
otherwise is a matter to be tested after completion of investigation. All the
alleged offences against the Petitioner/Accused No.6 are punishable for less
than seven years. However, the voice of the de-facto complainant cannot be
stifled at the threshold.
