Allowed

Payal Shankar v. The State of Telangana

Telangana HC26 Nov 2024CRLP/8555/2024

Case brief

AI extract

What is this about?

The High Court allowed a petition under Section 482 Cr.P.C. to quash criminal proceedings, holding that the complaint and witness statements failed to disclose ingredients for offences of wrongful restraint, assault on public servant, obscene acts, insulting modesty of women, and unlawful assembly. Mere obstruction of vehicle movement was insufficient to sustain the charges.

What did the court decide?

Proceedings in C.C. No. 103 of 2024 quashed against petitioners.

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

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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TUESDAY, THE TWENTY SIXTH DAY OF NOVEIVBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE K.LAKSHMAN

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CRIMINAL PETITION NO: 8555 0F 2024

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Between:

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Payai Shankar, S/o Adellu, aged 52 years Occu MLA, Adilabad Constituencv R/o H. No. 1- 2- 69117, Near Degree College, Ravindranagar, Adilabad.

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P.ayal Shqra![, S1o Shankar Aged 30 years Occu Sarpanch, Ada Village R/o H. No.^'1- 2- 69117, Near Degree Colleg'e, Ravindranagir, Adiiabad.

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Loka Praveen Reddy, S/o Narayana Reddy Aged 48 years Occ: Business Ryo Teachers Colony, Aililabad Town, Dist Adiiabad

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Loka Karunakar Reddy, S/o Loka Jaiprakash Narayana Reddy, aqed 43 years, Occu lvlPTC, Deepaiguda Rl/o Deepaiguda- Mandal J'ainalh Dist Adilabad.

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5 q[oygr Vijay, S/o Bhoyar Vittal Rao Aged 47 yearc Occu Sarpanch of KoMa GP Mandal Jainath Dist Adilabad

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...Petitioners/Accused Nos.'l to 5

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AND

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

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2 Sri B. Kailash, PC - 617, P. S. Jainath, Dist Adilabad

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...RespondenUDe-facto Complainant

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Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the lt4emorandum of Grounds of Criminat Petition, the High Court may be pleased to call for the records relating to C. C. No. 1031 of 2O24 on the file of Special Judicial First Ciass IVagistrate for Excise Court at Nampally, Hyderabad and Quash the proceedings in C.C. No. 10312024 in the interests of justice.

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l.A. NO: 1OF 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 Criminat Petition, the Hioh Court mav be pleased to stay all further proceedings including the personal ap-pearin"e of the Petitioners/Accused Nos. 1 to 5 in C. C. No. 103 o'f 2024 on the fite of Special Judicial First Class lvlagistrate for Excise Court at Nampally, Hyderabad, pending disposal of the Criminal Petition in the interests of justice.

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\ Petition coming on for hearing, upon perusing the Memorandum of lriminal Petition and upon hearing^{the argumentsof Sri T V Ramana}

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' le for the Petitioner and Sri Syed Yasar Mamoon, Additional Public r behalf of the Respondent No.1 and none appeared^for the

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-,'r^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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''I.

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CRIMINAL PETITION No.8555 OF 2024

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ORAL ORDER:

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Heard Mr. T.V.Ramana Rao, learned counsel for the petitioners arrd Mr. Syed Yasar Mamoon, learned Additional 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 quash the proceedings in C.C. No.1O3 of 2024 pending on the file of Special Judicial Magistrate of First Class for Excise Cases at Nampally, Hyderabad.

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:r.a,

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a.a :l

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The petitioners herein are arraigned as accused Nos.l to 5 in the said case. The offences alleged against them are under Sections 341, 353, 294(bl,5O9 and 143 of the Indian Penal Code, 186O (for short'lPC').

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On the basis of the complaint dated 24.04.2022 made by respondent No.2, police registered a case in Crime for^. the No.73 of 2022 agatnst the petitioners herein aforesaid offences. In the said complaint, respondent No.2 alleged that he was on duty on 24.04.2022 along with PC-

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KL,J Crl P No 8555 of2024

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886 and they were performing patrolling duty within Jainath police Station limits. At about 16.00 hours^they came to know that near BT road nearby Jainath^Bus stand, BJP leaders i.e., the petitioners herein and^others gathered unlawfully on the road by shouting and^protest against the Government due to arrest of accused^{No. 1 and} his remand in Crime No.69 of 2022 for the offences punishable under Sections 307 and 506 read with Section 34 of IPC. Respondent No.2 and another informed^the petitioners about the case information of the said crime. But the petitioners did not listen to their version and^also obstructed the vehicle movement and smooth^going of^the common people. They have caused inconvenience to^the general public.

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During the course of investigation, the Investigating Officer recorded the statements of respondent No.2 as LW.1 and PC-886 Jainath Police Station as LW.2. LWs.3, 4 and 5 are circumstantial witnesses. On completion of investigation, Investigating Officer laid the charge sheet against the petitioners and the same was ta-kr:n on file vide C.C. No.lO3 of 2024 for the aforesaid offences.

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KI,J Crl.P. No.8555 of2024

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Perusal of statements of the aforesaid^witnesses recorded under Section 16i of Cr.P.C. lack^the ingredients-of the Sections 341, 353,^{294(b1,509and 143.} Mere obstructing the vehicle^{movement and smooth going} of common people, causing^{inconvenience will not attract} the offences under Sections 341,^{353,2948,509and 143} of IPC.

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It is relevant to refer^{Sections 341, 353; 2948' 509 and} 143 of IPC, and the same^{are extracted hereunder:}

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(353. Assault or criminal force to deter public servant from dischatge of his^duty:Whoever assaults or uses criminal^{force to any personbeing a} public servant in the execution of his^{duty as such} public servant, or with intent to^prevent or^deterthat person from discharging his duty as^{such public} servant, or in consequence of^{an1'thingdone or} attempted to be done by such^{personin the lawful} discharge of his duty as such^{publicservant, shall be} punished with irnprisonment of either description^for a term which may extend to^{two years,or with fine,or} with both.

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Puaishment 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 may extend} to five hundred rupees, or with^bot1r.

\ )

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KL.J Crl.P. No.8555 of 2024

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(

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Obscene acts and sorgs.-

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Whoever, to tJle annoyance of others-

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(a) does any obscene act in any public place, or

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(b) sings, recites or utters any obscene song, ballad or wo.is, in or near any public p1ace,

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shall be punished with imprisonment of either description for a term which may extend to tlree months, or with frne, or with both.

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5O9. Word, gesture or act intended to insult the modesty of a woman:- Whoever, intending to insult the modesty of any woman, utters any gord, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, '[shall^{be punished with simple imprisonment} for a term which may extend to three years, and also with frne.l

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Pualshmeat: Whoever is a member of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

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8. In Vinubhai Ranchhodbhai Patel v. Rajivbhai

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Dudabhai Patelr, the Hon'ble Supreme Court held that Section 141 of IPC declares a-n assembly of five or ltrore

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'^{atR 2018 sc 2472}

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KI,J Crl.P. No.8555 of2024

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persons to be an^{t-rnlawful assembly' for the acts done in} common^object.

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g. In thq light of the same, the contents of complaint dated 24.04.2022^{ofrespondent No'2 and the} statements of^{LWs. 1 to 5 lack the ingredientsof the} aforesaid offences.

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In State of Haryana^{v. Bhajan Lal2, the ApexCourt} cautioned that^{power of quashing should be exercisedvery} sparingly and^{circumspectionand that too in the rarest of} rear cases.^{While examininga complaint, quashing of} which is sought,^{Court cannot embark upon an enquiryas} to the reliability^{or genuinenessor otherwiseof the} allegations^{made in the FIR or in the complaint.The Apex} Court in the said^{judgment laiddowncertain} guidelines/parameters^{for exercise of powers under Section} - 482 of Cr.P.C.,^{which are as under:}

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"(l) Where the allegations^{made in the first} information report or the^{complaint,even if} tJeey are taken at their^{face va-lueand} accepted in their entirety^{do not primafacie}

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'?.^{ltslz;supp. I sCC335}

KL,J Crl.P. No.8555 of2024

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constitute any offence or make out a case against the accused.

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(2) Where the allegations in the hrst information report and other materials, if any, ?rccompanying the FIR do not disclose a cognizable offence, justifoing an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section f 55(2) of the Code.

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(3) Where the uncontroverted allegat ions made in the FIR or complaint and the evidence collected in support of the samr: do not disclose the commission of any offcnce 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 contemplated under Section 155(2) of the Code.

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(5) Where tlie allegations made in the FIR or complaint are so absurd and inher:1fly improbable on the basis of which no prudent person can ever reach a just conclusion that there is suffrcient ground for proceeding against the accused.

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(6) Where there is an express legai bar engrafted in any of the provisions of the Code

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KL,J Crl.P. No.8555 of2024

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or the Act concerned^{(underwhich a criminal} proceeding is instituted) to the^{institution and} continuance of the^{proceedingsaad/or where} there is a specilic^{provision in the Code or Act} concerned, providing^{ellicacious redress for} the grievance of the aggrieved^party.

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(7) Where a criminal proceeding is^manifestly attended with mala^{frde and/or where the} proceeding is maliciously^{institutedv/ith 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 to^{5 lack the ingredientsof the} aforesaid offences. Therefore,^{continuation ofthe} proceedings in the aforesaid^{C.C. is an abuse of process of} law and, therefore, the^{proceedings in C.C. No. 103 of 2024} are liable to be^{quashed againstthe petitioners.}

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In view of the aforesaid^{discussion, this Criminal} Petition is allowed and^{the proceedingsin C'C' No'10! of} 2024 pending on^{the file of SpecialJudicial Magistrate of} First Class for^{Excise Cases at Nampally, Hyderabad,are}

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KL.J ( rl.P. No.8555 of2024

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hereby quashed against the petitioners herein - accused

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Nos. I to 5.

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As a sequel, miscellaneous petitions, if any, pending

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in the Criminal Petition shall stand closed.

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assrssr%irT??B',!'J[t*':

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//TRUE COPY//

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SECTION OFFICER

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To, 'l The Judiciar First crass Magistrate for Excise court, Nampary at Hyderabad 2. The Speciat Judiciat First Cta.ss Magistrat" i+*#i"e ei**J r.r#dlrHydffid (flc(v) Aol;;Ll

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