The High Court · 2025

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 Quash the LOC issued against the petitioners herein in connection with the FIR No. 886 ot 2023 dated 26.12.2023 on the file of PS Panjagutta, Hyderabad, U/s. U/S 308,419,279,201,203,212,213,214, 182rlw 109 IPC r/w 34 IPC, Sec. 184, 185, 187,188 r/w 205 MV Act and Sec. 3 of PDPP Act. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri BOMMINENI VIVEKANANDA, Advocate for the Petitioner and [vlr. Palle Nageshwar Rao, the Public Prosecutor on behalf of the Respondent No.1 and none appeared for the Respondent No.2. The Court made the following: ORDER I I{ON'BLE SRI JUSTICE K. LAKSIINIAN CRIMINAL PETIT ONN0.1604 0F 2024 I ORAL ORDER: Heard Mr. Bommineni Vivekananda, leamcd counsel for the petitioners - accused Nos.3, 4 and 9 and Mr. pallc \ageswar Rao, leamed Public Prosecutor appearing on behalfofthe respondents.

2. The present Criminal petition is filed undc- Section _ 4g2 of the Code of Criminal procedure, 1973 (for shor: .Cr.p.C.,), quash the LOC issued against the petitioners in Cr rne No.gg6 ol 2023 pending on the file of Panjagutta police Stati,rn, Flyderabad City.

3. The petitioners are arraigned as accused Nos.3,4 and 9. On the cornplaint todged by respondent No.2, :he police of Panjagutta Police Station registered a case in Crirne No.gg6 of 2023 on 24.12.2023 against one Mr. Abdul Asif for the offences punishable under Section - 184 of the Motor Vehicles Act, lggg (for short 'M.V. Acr'); Section - 279 of the Indiarr penal Code, 1860 (for shirt 'IPC') and Section - 3 of the prevention of Damage to Public Property Act, 1984 (for short, ,pDpp Act'). n K I,,J Cr!.P No.1604 of2024

4. In the said complaint, dated 24.12.2023, respondent No'2 alleged that on 24.12.2023 at around 2.45 AM, one BMW Car bearing registration No.TS l3ET 0777 drove in a rash and negligent manner and hit the Tralfic Banicadc at opposite Camp Office starting flyover. Due to thc said act, the traffic barricade was completely damaged. Therefbrc, hc rcquested the Police of Panjagutta Policc Station to take action as per law.

5. During the course ol investigation, the Investigating Officer has added the names of the petitioners herein and also altered section of law from Section - 184 of MV Act, Section - 279 of IPC and Section - 3 of I'}DPP Act to Sections - 308,419,279, 201, 203, 212, 213, 21 4, 2 17, 218, 225 A, 2258, 182 read with I 09, 119 read with 34 ofIPC, Sections - 184, 185, 187 and 188 read with 205 of M.V. Act and Section - 3 of the PDPP Act'

6. According to the petitioners, during the course of investigation, the Investigating Officer generated LOCs against the petitioners herein. Pursuant to a direction of this Court, accused Nos.4 and 9 appeared before the Investigating Offrcer and co- oporatgd with him. There is no allegation against the petitioners *ffi hh-_, 0 3 K I,,J (i P \o 160,1of2024 with regard to non-cooperation with the Investig.rting Ollicer in concluding investigation.

7. With regard to accused No.3, he residc,cl in l)ubai for some timc. This Court also granted protection kr him on the condition that he shall come to India and co_ol)crate u ith the Investigating Officer. According to accused Nrt.3, hc has co_ operated with the Investigating Officer. I,Iowevor. in April, 202-5, his mother died and, therefore, he came to lnclir liorn Dubai. Immigration Authorities detained hirn in I(.r.jecv ( iandhi Intemational Airport, Hyderabad, and informed thc sanre to the Investigating Ofllcer in the subject crime who in tum permitted accused No.3 to attend his mother,s funeral. Thercafler. thev have arrested hirn and remanded to judicial custody. I Ir: has obtained bait from the leamed Magistrate Couft. At present lre is in l)ubai. Thus, there is every possibility of anesting or detaining the petitioner - accused No.3 un<ier the guise of pendencl of L()C.

8. Mr. Bommineni Vivekananda, leamerl counsel fbr the petitioners, on instructions, would submit that petitioner Nos.2 and 3 - accused Nos.4 and 9 are in India. On filing chargr: sheet and on t i I l , 4 K l,,l Crl P No.l604 of2024 taking cognizance of the same, they will receive summons from leamed Magistrate Court and appear before the Magistrate Court and cooperate with the Magistrate in concluding trial'

9. On instructions, he would further submit that petitioner No.1 - accused No.3 is an Ex'MLA and he is resident of Hakimsham Baba Darga, Jubilee Hills, Hyderabad and also resident of Plot No.460, Road No 86, Phase-III' Jubilee Hills' Hyderabad. He will receive summons from learned Magistrate Court on fiting charge sheet by the Investigating Offrcer and taking cognizance ofthe aforesaid offences against him'

10. Whereas, learned Public Prosecutor' on instructions' would submit that the Investigating Officer has recorded statements of68witnessesandaccusedNo.lisnotco-operatinginconcluding Test Identification Parade (TIP)' On completion ofTIP of accused No.l, the Investigating Officer is going to file charge sheet against the petitioners herein However' learned counsel for the petitioners, would submit that the petitioners will co-operate with the Investigating Officer and trial Court in concluding trial' -=7' Et, I K I..J Crl.P. No 160.1of202,4

11. In the light of the aforesaid submissions made by both learned counsel for the petitioners and leamed put,lic prosecutor, this Criminal Petition is disposed of quashing the LOC issued against the petitioners in Crime No.gg6 of 2023 penrling on the file of Panjagutta Police Station, Hyderabad City. On completion ol invcstigation. the Investigating Ofhcer shalt fite churge shcet in the subject crime. On taking cognizance of the albr,:said ollcnces against the petitioners herein and issuance of summ,tns, petitioner Nos.2 and 3 shall receive summons on the addres:;es mcntioned therein and petitioner No. 1 shatt receive the sunr mo,s on the aforesaid addresses and co-operate with trial Courl_ in concluding trial, failing rvhich matter will be viewed seriously. Liberty is also granted to the Investigating officer to seek modifii:ation or this order in the event of the petitioners' non_operation wrth trial Court in concluding trial and also necessary orders from the .rial Court. As a sequel thereto, miscellaneous petitions, if any, pending in the criminal petition shall stand closed. SD'. AHM S ED ABDULLA KHAN ISTANT REGISTRAR \ ,TRUE COPY// tsEcloN oFFlcER To,

1. The XIV Additional Chief Metropolitan Magistrate at Nanrpally' Hyderabad 2. The Station House Officer, Panjagutta Police Station' H)'derabad 3. One CC to SRI BOMMINENI VIVEKANANDA Advocate IOPUCI 4. Two ccs to Public Prosecutor, High court for the state of Telangana' at Hyderabad. [OUT]

5. Two CD CoPies L*, '*____!r._-.:412=xr.*{ry{f o $( ]> Z -rir/ HIGH COURT DATED:1510712025 .1 '..-< / :..')' ' ,:. 4 2gruEM ;:-')'' ::a/ ORDER CRLP.No.1604 of 2024 t .'r' -..:::: DISPOSING THE CRIMINAL PETITION