Jawahar Nagar, Near AMplr/l Cafe, Hyderabad v. Kishore, Sub lnspector of Police, Chikkadpally police Station Hyderabad

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 grant STAY of all further proceedings in CC No. 1217 of 2021 , on the file of Chikkadpally Police Station, Hyderabad District., against the Petitioners / Accused 1 to 4 till the disposal of the Criminal Petition in the interest of the justice; l.A. NO: 1OF 2025: Between: The State of Telangana, Rep by its Public Prosecutor' Represented by SHO, PS Chikkadpally, High Court for the State of Telangana At Hyderabad. ...PETITIONERS/RESPONDENT AND 1 2 1) 4 5 Badugu Vivekanand, S/o_ B. Yadagiri Aged 36 years Occ.HDFC Manager, R/o H No 1-7-5091411, Hari Nagar, Zamistanpur, Hyderabad. Mekala Satyanarayana, S/o S. Yadagiri Aged 36 years Occ.pvt. Employee, R/o H No 1-7-5091116, Hari Nagar, Zamistanpur, Hyderabad. Surya Srinivas, S/o Sandaiah Aged 35 Years Occ.pvt. Empioyee, R/o H No 1-7-509/'17, Hari Nagar, Zamistanpur, Hyderabad. Lomte Vijay Kumar, S/o L. Ambaji Rao Aged 42years Occ.Business, R/o H No 1-1-379125, SRT- 33, Jawahar Nagar, Near AMplr/l Cafe, Hyderabad Respondents/Accused V. Kishore, Sub lnspector of Police, Chikkadpally police Station Hyderabad ...RESPONDENT/ COMPLAINANT Petition under Section 528 of BNSS, 2023 praying that in the circumstances stated in the Memorandum of Grounds of criminal petition,the High Court may be pleased to vacate the stay granted in Crl p No 604 of 2023 on the file of High court, dated 2010112023 and to dismiss the crt p No 604 of 2023. This Petition coming on for hearing,upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of sri M RATHAN slNGH, Advocate for the Petitioner in crlp.No.604 of 2023 & Respondents I to 4 in lA.No.'l of 2025 and sri E.Ganesh, Asst. public prosecutor on behalf of the Respondent No. 1 in crlp.No.604 of 2023 & petitioner in lA.No.1 of 202s and none appear for the Respondent No.2 in Crlp_No.604 of 2023 & Respondent No.5 in lA.No.1 oI 2025: The Court made the following: ORDER i. r: -\ ,,,. I THT HONOURABLE SRI JUSTICE E.V.VENUGOPAL CRIMINAL PEIITION No.6O4 OF 2023 ORDER: This Criminal Petition is hled seeking to quash the proceedings against the petitioners/ accused Nos. 1 to 4 in C.C.No. 1217 of 2O2l on the file of the learned IX Additional Chief Metropolitan Magistrate, Hyderabad for the offences punishable under Sections 599 of the Greater Hyderabad Municipal Corporation Act, 1955 and Sections 505(2), 17l-C(21 r/w 171(F) oflndian Penal Code, 1860.

2. Heard Mr.M.Rathan Singh, learned counsel for the petitioners and Mr.E.Ganesh, learned Assistant Public Prosecutor appearing for respondent No. 1-State.

3. The brief facts of the case are that on 26.17.2020 at about 22:00 hrs, respondent No.2 lodged a complaint against the petitioners stating that as per the instructions of the Station House Officer, Chikkadpally, he along with other Police Constables i.e., Sai Baba, G.Manoj and T.Thimmaiah, were perforniag patrolling duty, in Bagh Lingampally area in view of upcoming GHMC Elections; that they found several banners in 2 that area namely "Jai Si Ram, Jai Jai Sri Ram, Nenu Hinduuuni Bondhuganni Kadhu, Na uotu desham Kosam, Dharrnam Kosam, Mee amulyamaina uotu dharmam kosam uesi deshanni-dLnrmanni kapadukundam, Bharath matha ki jai" which are likely to promote enmiQr between different groups of people. It is stated that upon enquiry, they came to know that petitioner Nos.l to 3 have l-rxed the said banners. Basing on the said facts, the present crime is registered against the petitioners.

4. Learned counsel for the petitioners submits that the contents of the a-lleged banners do not cause fear, alarm to the public, or to any section of the public whereby arty person may be induced to commit offence against the State or against public tranquility; that the said banners do not incite any class/ community of persons. He submits that the present complaint is on filed on 26.11.2020 and per se there ls no election notification being issued to conduct GHMC elections as stated in the complaint; that in the absence of any election notification, arraying the petitioners for the a-fore cited offences is nothing but abuse of process of law. Therefore, he seeks to allow this Criminal Petition. I I 3

5. Learned Assistant Public Prosecutor contends that unless and until trial is conducted the truth would not come to light. Therefore, he seeks to dismiss the Criminal Petition.

6. Having regard to the submissions of both the learned counsel, upon perusal of the material available on record and relying on the decision passed by the Honble Supreme Court in State of Haryana Vs. Bhajan La[, this Court is of the opinion that the allegations made in the F.I.R. or complaint are so absurd and inherently improbable on the basis of which no prudent person carr ever reach to just conclusion that there is sufficient ground for proceeding against the petitioners, as no GHMC election notification was purported to have been issued at such relevant point of time. Therefore, the proceedings in so far as petitioners / accused Nos. 1 to 4 are concerned in C.C.No. I2l7 of 2027 on the frle of the learned IX Additional Chief Metropolitan Magistrate, Hyderabad are hereby quashed. 7 . Accordingly, the Crirninal Petition is allowed. Miscellaneous Petitions, pending if any, shall stand closed. )19?. suPTl) scc //TRUE COPY// SD/. N. SRI HARI UTY REGISTRAR D ECTION OFFICER To, '1 . The lX Addl. Chief Metropolitan Magistrate, Hyderabad 2. The Station House Officer, Chikkadpally P.S., Hyderabad 3. One CC to SRl. M RATHAN SINGH Advocate [OPUC] 4. Two CCs to PUBLIC PROSECUTOR, High Court at Hyderabad (OUT) 5. Two CD Copies VSM/gh M-- HIGH COURT DATED:0210412025 l tre S f.q r'e J o ),+ 02 UAY 21125 c. Tc\1{.L- ORDER CRLP.No.604 of 2023 ALLOWING THE CRIMINAL PETITION $^j 5A