High Court · 2025

Petilion Lrr : er Section 52g of BNSS prayiiig that in ihe circumstances stated in the 1,4-.r rrrandum of Grounds of Criminal Feti|on, the lligh C;;rt;;; be' pleased :c ;tily all further proceedings including appearince of the Petitionersi Accu: r:rr No's 1, 6-9 ,11-12 and i5-16 herein-in c c.tvo.azz ot 2o2o on the file of trt rlourt of the I Additional Judiciat [r4agistrate of first CLli Jagtial, Jaglial l)i irict for the offences punishable U/s. 143, 290,341 rlw 149 oi IPC, This Pe:i ic - coming on for hearing, upon perusing the lV emorandum of Grounds of crirn rar Petition and upon hearing the argunlentsi of Mr. shaik Muhammed l.t e Advocate for the petitioners and t\4r .lithender Rao Veeramalla, Arlrrit:,nar pubric prosecutor, High court for the istat. of rerangana, Hyderabad orr c:l elf of the State / Respondent No.1. The Cour: r rade the following: ORDER: THE HONOURABLE SRI JUSTICE N' TUKARAMJI CRIMI NAL P ETITI ON No.3939of 2025 ORDER: This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita' 2023 (for short 'BNSS' 2023') seeking quashment of the proceedings in C'C'No 827 ol 2O2O on the file of the I Additional Judicial Magistrate of First Class at Jagtial District' against the petitioners/accused Nos'1' 6 to 9' 11' 12' 15 and 16' 2. Heard Mr'Shaik Muhammed Abed' learned counsel for petitioners and Mr'Jithender Rao Veeramalla' learned Additional PublicProsecutorappearingfortherespondentNo.l-State.

3. The petitioners are arrayed Nos'1' 6 to 9' 11' 12' 15 and 16 in C.C.No.827 of Zo[Ofor the offences under Sections 143' 290 and 341 rlw.149of lndian Penal Code' 1860 (for short'lPC')' 4. The prosecution case in brief is that' on 23'02'2018' at 15:10 hours, at Ambedkar Statue' in front of RDO's Office' Jagtial' the petitioners formed into an unlawful assembly and staged protest against banning of the PFI Party in Jarkhand State' Alleging that by such an act the petitioners have wrongfuily restrained the public, the crime has been registered' 5. Learned counsel for the petitioners would submit that the petitioners have assembled and peacefulry organized demonstration ventilating their views However' the prosecution has been initi4ed & 2 - .1 , I L without any le, ,rl basis. Further pleaded that a Co-ord nerte Bench of this Court ir l) by observing t out any ofterrr,: I P.No.3865 of 2024 had considered sirn Iar aspect and rat peaceful and orderly demonstrations w ll not make r quashed the proceedings. As the petitioners are in same footinty. tr r,,ryed for similar relief.

6. Learrrej t,dditional Public Prosecutor would subrnrt thal the case has been initi rted, as the petitioners staged protest programme without necesr a ry permission from the authority a n,J the protest caused inc,cnvr lrience to the public However, farrly ;rr;cerpt that this Court has oec 1ed similar situations as pleaded by the petitioners, wherein held th rt continuance of proceedings under Sectiorrs 143,2g0 and 341 rl,u proceedings;.

7. I haver pe

8. Admittr:ril and staged prro' '149 of IPC are not maintainable and quashed the Lrsed the materials on record. ' the petitioners gathered to express their ,;tand point :,st against the banning of the pFl part),, ir Jarkhand State. The nrilt r",als on record are not indicating any al egation of offensive overl : c l against the petitioners. A Co-ordinate Bench of this Court, placirrgtr rr lrance on the dictum of the Hon'ble Suprenre Court in Anita Thakur t s,. Government of Jammu and KashmitJ that the Article 19 t1i of the citizens oj he Constitution of lndia confers freedom of speech to -,e Country and enshrines that peacef:l protest in 6) r5 SCC 5l ; J orderly manner without offensive language would not constitute offence quashed the prosecution proceedings' ln the instant case' there is no allegation of any offensive act on 9. the part of the petitioners and there is no material to pima facie evidenoing nuisance or causing obstruction to the public Thus' continuance of the proceedings against the petitioners would be abuse of process of the Court. '10. For the aforesaid reasons' the Criminal Petition is allowed and the proceedings against the petitioners/ accused Nos"t ' 6 lo 9' 11' 12' 15 and 't6 in C.C.No.827 ot 2O2O on the file of the I Additional Judicial Magistrate.of First Class at Jagtial District' are hereby quashed' Miscellaneous petitions, pending if any' shall stand closed' T Sd/. A. SREEN ASSTSTAN ASA REDDY REGISTRAR ITTRUE COPY/I SECTION OFFICER To i'fi*io*ffi esr (k li*+[*'i:i{r]'i'ileansana HIGH COI.JI:IT ( DATED;21 litil2025 ,/, , \.L ::- -.,,,c. S ir.4 ( 2 I ttl' 21* z t o iPar c 1! =:== z --.' ORDER CRLP.No.3ttt39 of 2025 ALLOWED I HE CRIMINAL PETITION {r ar) s \