Allowed

Abdul Saleem v. The State of Telangana

Telangana HC13 Mar 2025CRLP/3547/2025

Case brief

AI extract

What is this about?

Quash petition by accused No.7 in a calendar case arising from a peaceful dharna demanding justice for a rape victim. Following an earlier coordinate-bench order quashing proceedings against co-accused, the High Court held continuance would be abuse of process and quashed the proceedings.

What did the court decide?

Proceedings in C.C.No.516 of 2020 against the petitioner/Accused No.7 before the I Additional Judicial Magistrate of First Class, Jagtial, quashed.

Abdul Saleem Vs The State of Telangana — Quashing and FIR | Telangana HC (2025)

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[3217 l

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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THURSDAY, THE THIRTEENTH DAY OF TVARCH TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HON'BLE SRI JUSTICE N.TUKARAMJI

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CRIMINAL PETITIONNo:3547 ot 2025

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Between:

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Abdul Saleem, S/o Abdul Gafoor, Aged about 33 years, Occ: Furniture Shon R/o. H No.4-3-20115 tslampural Jagtiat. 'Jagtiat Oistri"i.^- n_di' ...Petitioner/Accused No.07

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AND

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1 The State of Telangana, Through S H.O, p.S. Jagtial Town, Rep by its public Prosecutor, High Court at Hydeiabad.

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R.Prakash, S/o Not Known, Aged about not known, Occ_ lnspector of police, Jagtial R/o lnspector District. of Potice, p.sJagtiat - Town, Mobite No ga+OZSiie6 Lagtlf, ...Respondents/Defacto Compfiiiant

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Petition under section 482 of cr.p.c rrw 528 of B.N.s.s praying that in the circumstances stated in the Memorandum of Grounds of criminal ietition, the Hig-h court may be pleased to quash the proceedings against the petitioner in c c,No.516 ot 2020 on the file of the I Additional Judiciar FC tVragistrate at Jagtial, Jagtial District, for the offences punishable U/s. 143, 341 rlw 14-9 of lpc.

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l.A. NO: 2 OF 2025

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Petition undei section 482 of cr.p.c rrw b28 of B.N.s.S praying that in the circumstances stated in the Memorandum of Grounds of criminil petition, the High court may be pleased to stay all further proceedings including appearance of the Petitioner/ Accused No's 07 herein in c.c.No.5i6 of 2o2o on the fite of t Additional JDCL FC Magistrate at Jagtial, Jagtial District for the offences Punishable U/s.143, 341 rlw 149 of lpC.

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This Petition coming on for hearing, upon perusing the l\Iemorandum of Grounds of criminal Petition and upon hearing the arguments of Mr. shaik Muhammed Abed, Advocate for the petitioner and the Mr. Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Respondent No..l and None Appeared for the Respondent No.2.

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The Court made the following: ORDER

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THt: HONOURABLE^{SRI JUSTICE N'TUKARAM'41}

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CRIMINAL PETITION No.3^{547 0F 2025}

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ORDER

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This Criminal Petition is^{filed under Section 482 of the Code of} Criminal Pro(edure^{(for short'Cr.P.C.')1528 of BharatryaNagarik} Suraksha Sanrita,^{2023(for short'BNSS,2023'), seeking quashment of} the proceedings in^{C.C.No.516 of 2020,pendingon the file of the} I Additional Ju licial^{lt/lagistrateof First Class, Jagtial District}

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The^pet tioner is artayed^{as accused No.7 in the Calendar Case} facing accusa'ions for the^{offences punishable under Sections 143,341} read with Section^{'149 of the lndian Penal Code,1860.}

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Heard Mr.Sihaik Muhammed^{Abed, learned counselfor the} petitioner and Mr Jithender Rao Veeramalla,^{learnedAdditionalPublic} Prosecutor,^{re presenting the respondentNo.1-State.}

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Briefly s,tated the relevant^{facts are that the petitioner alongwith} others on^'l 9.06.2018^{at about6.30 PM, gathered at Ambedkar Statue in} front of R.D.().'s Cffice,^{Jagtial and staged protest(Dharnil) by flexies} demanding fo^{justice for rape victim.}

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Learner counsel for the^{petitioner would submit thal, earlier the} other accusec A-1 to A-3, A-5, 4-6, A-B to^{A-10 in the present Calend} Case had file,l Crminal Petition No.2858 of 2025 seeking^quashment 1

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Cil.P.No. 154/ of 2025

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the proceedings. This court on considering the materiars and merits, quashed the proceedings against them vrde order dated 2g.02.2025. As the petitioner is also in the similar stance, prayed for granting the similar relief by quashment of proceedings of the Calendar Case against him. .

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Learned Additional Public^prosecutor fairly conceded that earrier the petition has been considered and the proceedings in calendar case were quashed against the petitioners/accused therein and the petitioner herein, who is accused No.7, stands in the same position.

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I have perused the materials on record.

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B. Earlier the co-ordinate Bench of this court having considered the

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materials on record has observed as follows:

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"Having regard to the rival submissions and the material placed on record, the allegations against the petitioners are that they formed into unlawful assembly and ralsed slogans demanding justice for a rape victim. The leamed counsel for petitioners relied on the judgment oi arit" Thakur vs. Government of Jammu and Kashmirl, wherein the Hon'ble Supreme Court observed that Article 19(1 )(a) confers freedom of speech to the citizens of this country and, thus, this provision ensures that the petitioners could raise slogan, albeit in a peaceful and orderly manner, without using offensive language, ln the present case, there are no allegations that these petitioners used offensive language and lhere is no evidence to show that due to unlawful assembly, nuisance is caused to the public and that they have obstructed free flow of traffic or obstructed the public -^{or the authorities from discharging their duties. Hence, continuation of} ItI

I 2016 15 scc s25

NTR,/

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proceedi lgs against these^{petitlonersis not tenable andthe sarnels} liable to le^quashed."

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Having regard to the^{above conclusion and admittedly as the} petitioner stand in the same^position to that^{of the p'etitionersin} Crl.P.No.285{; ot^2025, this Court is of the^{considered cpinionthat,} continuance^{rrf Calendar Case proceedingsagainst the petitioner would} be abuse of rrocess^{of Law. Hence,the proceedings in C C'No516of} 2020, on the file of the^{I Additional Judicial Magistrateo1 First class,} Jagtial, again;t the^{petitioner/accusedNo.7 are hereby quashed'}

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Accord ngly, the^{Criminal Petition is allowed}

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Pendin 3 miscellaneous^{applications,if any, shallstand closed'}

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SD/- A,V,S. PRASAD ASqrsTANll REGISTRAR

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//TRUE COPY//

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. SECTION OFFICER

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To, 1. The lAdditi rnal^{Judicial First class Magistrateat Jagtial, JagtialDistrict.} 2. The station House^{Officer, Jagtial Town Police.station, Jagtial t)istrict.}

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