Allowed

Payal Shankar v. The State of Telangana

Telangana HC26 Nov 2024CRLP/8554/2024

Case brief

AI extract

What is this about?

The High Court quashed criminal proceedings pending before the Special Judicial Magistrate for Excise Cases after finding that the charge sheet and witness statements lacked the essential ingredients of offences under Sections 143, 341, 353 read with Section 149 IPC. The petition was allowed as the proceedings constituted an abuse of the process of law.

What did the court decide?

Quashing of proceedings in C.C. No.99 of 2024 pending before the Special Judicial Magistrate for Excise Cases at Nampally.

Payal Shankar Vs The State of Telangana — Quashing and FIR | Telangana HC (2024)

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[³¹⁶⁸ ]

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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TUESDAY, THE TWENry SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENW FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE K.LAKSHMAN

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CRIMINAL PETITION NO: 8554 0F 2024

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Between:

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t. lgye! Phal!a1_!19 Adellu, aged 52 years Occu: MLA, Aditabad Constituency R:/o H.No.1-2-69117, Near Degree College, Ravindranagar, Adilabad.

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Smt. Chityala Suhasini Reddy, S/o Jagadishwar Reddy, Aged 47 years Occu: BJP State Executive Member R/o Kailashnagar, Adilabad Dist. Rdilabad.

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Payal Sharath @ Bunny, S/o Shankar, Aged 26 years Occu: Sarpanch, Ada Village, R/o H.No.1-2-69117, Near Degree College, Ravindranagar, Adilabad.

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Loka Praveen Reddy, S/o Narayan Reddy, Aged 4l years, Occu: Advocate, R/o Teachers Colony, Adilabad Dist. Adilabad

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Rallabanda Mahender, S/o Sudershan, Aged 33 years, Occu: Business R/o Dasnapur, Adilabad Dist. Adilabad

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Gandrath Mahender, S/o Keshav, Aged 37 years Occu: BJp Town president Rl/o Mahalaxmiwada, Adilabad Dist. Adilabad.

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...PETITIONERS/ACCUSED Nos.1 to 5

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AND

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The State of Telangana, rep by its Public Prosecutor, High Court at Hyderabad.

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I Sr! G Appa Rao, Sub lnspector of Police, P.S. Adilabad - I Town, Dist. Adilabad

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...RESPON DENT/DEFACTO-COMPLAINANT

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Petition under Section 482 of Cr.P.C., praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to Call for the records relating to C.C.No.99/2024 on the file of Special Judicial First Class Magistrate for Excise Court at Nampally, Hyderabad and quash the proceedings in C.C.NO.99/2024 in the lnterest of Justice.

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l.A. NO: 1 OF 2024

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Petition under Section 482 of Cr.P.C., praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may

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be pleased to stay arr further proceedings incruding the personar appearance of the Petitioners/Accused Nos.1 to 6 in c.c.No.gitzozq'on the fite oi sp!"i"r Judicial First class Magistrate for Excise court at Nampaily, Hyderabad, pending disposal of the Criminal petition in the interests of justice.

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This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminar Petition and upon hearing the arguments of Sri r v,RAMANA RAo, Advocate for the Petitioner and of sri Syed yasar Manoon, the Additionar Public Prosecutor for the state of rerangana on behalf of the Respondent No.1 and None Appeared for the Respondent No.2.

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The Court made the following: ORDER

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HON'BLE SRI JUSTICE K. LAKSHMAN

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CRIMINAL PETITION No.8554 OF 2024

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ORAL ORDER:

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Heard Mr. T.V.Ramana Rao, learned counsel for the petitioners and Mr. Syed Yasar Mamoon, learned Additionat Public Prosecutor appearing on behalf of respondent No.1 - State.

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This Criminal Petition is filed under Section^{- 482 of the} Code of Criminal Procedure, 1973, to^quashthe proceedings in C.C. No.99 of 2024 pendir,g on the fiie of Special Judicial Magistrate of First Class for^{Excise Cases} at Nampally, Hyderabad.

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The petitioners herein are arraigned as^{accused Nos.1} to 6 in the said case. The offences alleged against^{them are} under Sections 143, 341 and 353 read with^{Section 149 of} the Indian Penal Code, 186O^(for short'IPC).

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Respondent No.2 was working as Sub-lnspector^of Police, I Town Police Station, Adilabad, at the^relevant point of tim.e. On the basis of statement of respondent^I\p.2 on 72.02.2022, police registered a^{case in Crime No.54 of} 2022 agatnst the petitioners.

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KL,J Crl.P. No.8554 of 2024

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In the said statement, respondent No.2 has stated that on 12.02.2022 he along with PC-3316 and PC-3009 while performing patrolling, on reliable infor:mation, they rushed to-Shanthinagar, Adilabad, at 13.30 hours and they found accused No.1 under his leadership took out a rally along with accused Nos.2 to 6 towards Collectorate Chowk by raising slogans against the Chief Minister of Telangana State arrd they made comments against Indian Constitution. Respondent No.2 approached them and requested them to stop the rally but they denied the same and obstructed the police party while discharging their legitimate duties and proceeded towards Collectorate Chowk and burnt the flexi of the Chief Minister. Respondent No.2 registered a suo motu case and took up investigation

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During the course of investigation, the Investigating Officer recorded the statements of PC-3316 as LW. 1, PC3309 as LW.2. LW.3 is the Sub-Inspector of Police, who registered the case. LW.4 is the Investigating Officer. On t completion of investigation, Investigating Officer laid the charge sheet against the petitioners and the same was

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KL,J Crl.P. No-8554 of 2024

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taken on file vide C.C. No.99 of 2024^{for the aforesaid} offences

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7 . Perusal of statements of^{LWs.1 and 2 recorded under} Section - 161 of Cr.P.C. lack ingredients of^{the Sections} 143, 341,353 read with Section^{149 of IPC.}

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B. It is relevant to refer Sections^143, 142,341,^{353, 351,} 350 and 149 of IPC, and the^{same are extracted hereunder:}

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"^{143. Punishment: Whoeveris a memberof an} unlawful assembly, shall be^punishedwith imprisonment of either description^{for a termwhich} may extend to six months, or^{with fine,or withboth.}

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Being member of ualawful^{assembly:Whoever,} being aware of facts which^{render anyassembly art} unlawful assembly, intentiona-lly^{joins that assembly,} or continues in it, is said to^be a^{member of a-n} unlaw{u1 assembly.

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Punishment for wrongful^{restraint:Whoever} wrongfully restrains any^{personshall be punished} with simple imprisonment for a^{term whichmay} extend to one month, or^{with fine which mayextend} to five hundred rupees, or^{with both.}

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Assault or criminal force to^{deter public} servant from dischatge^{of hisduty: Whoever} assaults or uses criminal force^{to anyperson being a} public servant in the execution of his duty^{as such}

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-r

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KL,J Crl.P. No.8554 of2024

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public servant, or with intent to^{prevent or deter that} person from discharging his duty as^suchpublic servant, or in consequence of^{anything cloneor} attempted to be done by such^{personin the lawful} discharge of his duty as such^{publicservant, shall be} punished with imprisonment of either descripLion^for a term which may extend^{to two years, or withfine, or} with both.

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Assault: Whoever makes any^{gesture' or any} preparation intending or knowing it to^{be likely that} such gesture or^preparation will^{cause any person} present to apprehend that he who makes^{thal gesture} or preparation is about to use^{criminal forcc to tltat} person, is said to commit an assault.

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35O. Criminal force: Whoever intenLionally^{uses force} to any person, without that^{person's consent,in order} to the committing of any offence, or^{intending by the} use of such force to cause, or knowing it^{to be likely} that by the use of such force he will cause^{injury, fear} or annoyance to the^person to^{whomthe forcc is used,} is said to use criminal force to that other.

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Every member of unlawful assembly^{guilty of} offence commltted in^prosecution of^commou object: If an offence is committed by any^{member of} an unlawful assembly in^prosecution of the common object of that assembly, or such as tJle members of ttrat assembly knew to be fikely to be^committedin r prosecution of that object, every person who, at the time of the committing of that offence, is^{a member of} the same assembly, is guilty of that offence.

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KL.J Crl.P. No.8554 of 2024

a-)

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I -! 1 I

In Vinubhai^{RanchhodbhaiPatel v'Rajivbhai}

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Dudabhai Patelr,^{the Hon'ble Supreme Court held that} Section 141^{of IPC declares an assembly of five or more} persons to be an tnlawful^{assembly' for the actsdone in} common^object.

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In the light^{of the said provisions as stated supra, the} allegations against^{the petitionersherein are that they} conducted a^{rally proceedingstowards Collectorate Chowk} raising slogans^{against the Chief Ministerand they} obstructed the^{police party while dischargingtheir} legitimate duties^{and proceeded towardsCollectorate} Chowk, Adilabad,^{ald an act burnt the flexi and contents} of LWs. 1^and' 2^{statementslack the ingredients of the} above said offences.

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In State^{of Haryana v. Bhajan Lal2, the Apex Court} cautioned that^{power of quashing should be exercisedvery} sparingly and^{circumspectionand that too in the rarest of} rear cases. Whiie^{examininga complaint,quashing of} which is sought, Court^{cannot embark upon an enquir!as} to the reliability or^{genuinenessor otherwise of the}

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I ArR 2018 sc 2472

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1t992; supp. I scc 335

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KL,J Crl P. No 8s54 of2024

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allegations made in the FIR or in the complaint. The Apex Court in the said judgment laid down certain guidelines/parameters for exercise of powers under Section - 482 of Cr.P.C., which are as under:

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"(1) Where the allegations made in the lirst information report or the complaint, even if they are taken at their face value and accepted in their entiret5r do not prima facie constitute any offence or make out a case against the accused.

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12)^{Where theallegalions int1'e lirst} information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence,^j u st ifyi n g an investi ga tion by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code.

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(3) Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of aly offence and make out a case against the accused.

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(4) Where the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as

KL,J Crl.P. No.8554 of2024

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contemplated under Section^{155(2) of the} Code.

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(5) Where the allegations made^{in the FIR or} complaint are so absurd^{and inherently} improbable on the basis^{of which no prudent} person can ever reach a^just conclusion tlat there is sufficient^ground for^proceeding against the accused.

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(6) Where there is an express legal^bar engrafted in any of the^{provisions of the Code} or the Act concerned^{(underwhich a Criminal} proceeding is instituted) to the institution^and continuance of the^{proceedingsand/or where} there is a specific^{provision in the Code or Act} concerned,^{providing efficacious redressfor} the grievance of the^{aggrievedparty.}

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(7) Where a criminal^{proceedingis manifestly} attended with mala frde^{and/or where the} proceeding is maliciously instituted^{with an} ulterior motive for^{wreaking vengeanceon the} accused and with a view^{to spite him due to} private and personal grudge."

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The said principle was^{reiterated by the Apex Court in} catena of decisions.

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As discussed^{above, the contents of charge sheet and} statements of LWs.1^{and 2 lack the ingredients of the}

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KI-.J Crl.P- No.8554 of2024

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aforesaid offences. Therefore, continuation of the proceedings in the aforesaid C.C. is an abuse of process of law and, therefore, the proceedings in C.C. No.99 of 2024 are liable tb be quashed against the petitioners.

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In view of the aforesaid discussion, this Criminal Petition is allowed and the proceedings in C.C. No.99 of 2024 pending on the Iile of Special Judicial Magistrate of First Class for Excise Cases at Nampally, Hyderabad, are hereby quashed against the petitioners herein - accused Nos.1 to 6.

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As a sequel, miscellaneous petitions, if any, pending in the Criminal Petition shall stand closed.

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Sd/- MOHD. ISMAIL ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

1 The Judicial Magistrate for Excise Court Nampally at Hyderabad. 2 The Judicial Magistrate of First Class at Adilabad. J The Station House Officer, Adilabad - lTown Police Station, Adilabad 4 One CC to SRl. T V RAMANA RAO, Advocate IOPUCI 5 Two CD Copies pr b.16

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HIGH COURT DATED: 2611112024

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ORDER CRLP.No.8554 ot 2024

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ALLOWING THE CRL.PETITION @h"'W

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