Allowed

Kanakarajusai Prakash Iyer v. State of Telangana

Telangana HC14 Aug 2024CRLP/9330/2024

Case brief

AI extract

What is this about?

The High Court of Telangana quashed criminal proceedings against a student accused of involvement in a rave party. The court held that mere presence at the premises did not attract penal provisions and Section 188 IPC requires a specific complaint by a public servant.

What did the court decide?

Proceedings against the petitioner/Accused No.11 in S.C.No.5 of 2023 filed in Additional District and Sessions Court at Bhongir are quashed. Miscellaneous applications pending are closed.

Kanakarajusai Prakash Iyer Vs State of Telangana — Narcotics (NDPS) | Telangana HC (2024)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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WEDNESDAY, THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SMT JUSTICE K. SUJANA

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CRIMINALPETITION NO:9 330 0F 2024

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Between:

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Kanakarajusai_Prakash lyer . ,S/g. Nagaswamrkanakaralu tyer. aged 27years, Occ:. Student, Rlo.1S-62hiG, W Nagai Cna,tanyaprri cotony. K.V Ranqareddv District 500060. Tetanoana presenti'y ;u,dl;g ;a-@ 10i.;idil; \r;:ilV";ir:i Edison, New Jersey - O"aeZO.

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,..PETITIONER/ACCUSED NO.1 1

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AND

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1 State of Telangana, Rep by its public prosecutor, Hiqh Court, Hvderabad. Ilr.ot^{gh the StationHoi_rsd orficer, Narayanapuip} s'. v-"arjri-6n;rd:" District.

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Ch.Sudhakar Rao, S/o not known,.Aged Ma1or. ' Occ St of police, Narayanapur^p.S., yadadri€frongir Srstnci'

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...RESPONDENTS

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Petition under Section 52g of B.N.s.S., praying thal in the carcumstances stated in the Memorandum of Grounds of crimrnar petition, the High court may be pleased to quash the SC.NDpS No.5i2023, on the file of the Hon,ble 1.r Additional District and sessions court, at Bhongir, yadadri-Bhongir District as against the petitioner/Accused No..l^.l herein.

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l.A. NO: 2 OF 2024

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Petition under section 52g of B.N.s.S, praying that in the circumstances stated in the Memorandum of Grounds of criminar petition, the High court may be pleased to grant interim stay of a[ further proceedings in sc.NDps No.5/2023, on the file of the Hon'bre 1'r Additionar District and sessions court, at Bhongir,

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Yadadri-Bhongir District, including appearance of the Petitioner/Accused No.^'l1 herein, pending disposal of the above criminal petition-

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This Petition coming on for hearing, upon perusing the ltlemorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri SK FAKRUDDIN ALl, Advocate for the Petitioner and the Additional Public Prosecutor 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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THE HONOURABLE SMT. JUSTICE K. SUJANA

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CRIMINAL PETITION No.933O of 2024

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ORDER:

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This Criminal Petition is filed under^{Section 528 of the} Bharatiya Nagarik Suraksha Sanhita, 2O23^{(for short 'BNSS')by} the petitioner/accused No.11 to quash the^{proceedings against} '?E him.in S.C.No.S of 2023 pending on the^file of^learnedI Additional District and Sessions Court at^{Bhongir, Yadadri-} Bhongir District, filed for the offences^{punishable under Sections} 8(c), 2O(b), 25, 27(al, 29, 37 of^{the Narcotic Drugs and} Psychotropic Substances Act,^{1985, Section34 read with Section} 15 of T.S. Excise Act, Section 51(b)^{of Disaster Management Act,} 2005, Section 3(1) of Epidemic^{Disease Act, 1897and Sections} 188 and 294 of Indian Penal Code^{(for short"lPC").}

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Heard learned counsel for the^{petitioner and learned} Additional Public Prosecutor for the^{respondentNo.l. Perused} the material on record.

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The case of the 2nd respondent^{- de facto complainant is} that having received the information^{regardingconducting an} event in the farm house^{located in the outskirts of Narayanpur} Village with DJ sound and that^{several personsgathered, the} police went to the premises and found^50Omembers participating in the event. It was found^{that the memberswere} inhaling ganja, consuming^{alcoholicdrinks,food and dancingto}

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the DJ sound. The police suspected it as a rave party. The police conducted search at the premises and seized 200 grarns of Ganja in a cover and an iphone from the possession of accused No.2; 2l entry tickets of the rave party were seized from accused No.4; (3) LSD blots from accused No.6 and black coloured iphone from accused.No.7. Further, accused Nos.2 to 6 confessed the said offence of organizing a rave party and recovery panchanama was also drafted. Thereafter, the police concluded investigation and found that all the accused Nos. l to 105 who gathered at the premises are liable under various offences punishable under penai provisions, D.M. Act and Epidemic Disease Act.

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l,earned counsel for the petitioner would submit that the petitioner is a student aged 22 years and he has nothing to do with the rave party that was going on. He was apprehended on the road and falsely implicated in the said case, for which reason, the proceedings against the petitioner have to be quashed.

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On the other hand, learned Additional public prosecutor would submit that accused Nos. 1 to 105 have violated the directions of the Government in pandemic period, for which reason, they have to be prosecuted for the above offences and it is lor the trial Court to decide the complicity of the accused.

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As seen from the incident, this petitioner who was arrayed as accused No. 1 1 was found in the premises of farm

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house where the alleged rave party was^going on. It^{is not the} case that this petitioner was subjected to any^{tests to conform} that he was either inhaling^{ganja or he is under the influence of} alcohol. Unless police specifies as^{to the role played by the} petitioner that he was found with any substance^{that was} prohibited, the petitioner can be made^{punishableunder any of} the penal provisions. Mere^{presenceof the petitionerat the scene} would not attract any of the^{offences alleged. Under Section} 195(aXl) of Cr.P.C., the Court^{is in fact prohibited from taking} cognizance of oflence^{punishableunderSection 188 of IPC'} unless it is nled by the^{concerned public servant. Since no} specilic role is attributed^{to tJle petitioner and assumingthat the} petitioner was found at the scene^{would notentail the} prosecution of the petitioner for the^{offences alleged. Hence' the} proceedings against ttre^{petitioner are liable to be quashed.}

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7 . Accordingly, the Criminal Petition^{is allowed and the} proceedings against the petitioner -^{accusedNo.1 I in S.C.No 5 of} 2023 pending on the file of learned^{IAdditional District and} Sessions Court at Bhongir,^{Yadadri-BhongirDistrict, are herebv} quashed. Miscellaneous applications^{pending,if any, shall stand} closed.

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Sd/. V. KAVITHA ASSISTANT REGIg/TRAR //TRUE COPY// g/ SECTION OFFICER

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The District.I Additional District and Sessions Court at Bhongir, yadadri, Bhongir 2. The Judicial First Class Maqistrate at Naloonda.

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The Station House^{Officer,-NarayanpurP6lice Station,-Rachakonda District.} a. r*o bci to tne^{public prosecutor,High court for the state of Telangana at} Hvderabad^(OUT)

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S Ohe CC to SRI SK^{FAKRUDDINALl, Advocate} [OPUC]

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Two CD CoPies

Lsr/Pr

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HIGH COURT DATED: 1410812024

ORDER

CRLP.No.9330 of 2024

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ALLOW!NG THE CRL.PETITION

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Kanakarajusai Prakash Iyer v. State of Telangana

Case brief

What is this about?

What did the court decide?

Kanakarajusai Prakash Iyer v. State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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