The High Court · 2025

Petition under Section 482 ot Cr.P.C rlw 528 of B.N.S.S. praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings against the petitioners in c.c.No.1072 of 2'020 on the file of the court of the I Alditional Judicial First Class Magistrate, at Jagtial, Jagtiat District l.A. NO: 1 OF 2025 Petition unde, section 482 of cr.p.c rtw s28 of BNIiS praying that in the circumstances stateJ in the Memorandum of Grounds of criminar petition, the High cou( may be Jrreased to stay aI further proceedings rncruding appear'ance of the Petitioners/ Accused No's 1-2,10-j'r,16-18. herein in crime No.105 of 2018 cc No.1072 ot 202) on the fire of court of the r Additionar Judiciar First crass Magistrate, at Jagtial. This Petition <;oming on for hearing, upon perusing the Memorandum of Grounds of Crimiral petition and upon hearing the arguments of sri Shaik Muhammeti Abed, Advocate for the petitioners anci Sri Jithehder Rao Veermalla, Additionar pubric prosecutor on beharf of the Respondent No1 The Court made the following: ORDER THE HONOURABLE SRIJUSTICE N' TUKARAMJI CRIMINAL PETITION No.4628 ot 2O25 ORDER: This Criminal Petition is filed under Section 528 ot Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS, 2023') seeking quashment of the proceedings in C.C-No.1072 of 2o2O on the file of the learned I Additional Judicial Magistrate of First Class at Jagtial District, againsl the petitioners/accused Nos.1,2, 10 to '14 and 16 to

18. 2. Heard Mr.Shaik Muhammed Abed, learned counsel for petitioners and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent No-1-State. 3. The petitioners are arrayed Nos.1,2, 10 to 14 and 16 to 18 in C.C.No.1072 ot 2O2O for the offences under Section 341 rlw' 149 ot lndian Penal Code, 1860 (for short 'lPC') and Section 3 (Xll) of Town Nuisance Act, 1889. 4. The prosecution case in brief is that on'14.04.2018, the petitioners, along with other accused who belong to the popular front of lndia party gathered at Mini Stadium. They moved around, raising slogans and carrying placards, thereby, obstructing vehicular traffic' While taking the procession, they used DJ sound, caused a nuisance, and wrongful restrained all the people' without any permission' -/ 2

5. Learned counsel for the petitioners would submit that the petitioners have assembled and peacefully organized demonstration ventilating their views. However, the prosecution has been initiated without any legal basis. Fu(her pleaded that a Co-ordinale Bench of this Court in Crl P.No.3865 of 2024 had considered similar aspect and by observing that peaceful and orderly demonstrations will not make out any offence, quashed the proceedings. As the oetitioners are in same footing, prayed for similar relief.

6. Learned Additional Public Prosecutor would submit that the case has been initiated, as the petitioners staged protest progiamme without necessary permission from the authority and the protest caused inconvenience to the public. However, fairly accept that this Court has decided similar situations as pleaded by, the petitioners, wherein held that continuance of proceedings under Section 341 rlw. '149 of IPC and Section 3 (Xll) of Town Nuisance Act, 1889, are not maintainable and quashed the proceedings.

7. L I have perused the materials on record. Admittedlv, the petitioners gathered to express their stand and staged protest, however, the materials on record are not indicating any allegation of offensive overt act against the petitioners. A Co-ordinate Bench of this Court, placing reliance on the dictum of the Hon'ble Supreme Court in Anita Thakur vs. Government of Jammu and 3 Kashmirl .bserved that the Articre 1g(1) of the constitution of rndia confers freedom of speech to the citizens of the Country and enshrines that peaceful protest in orderry manner without offensive ranguage would not constitute offence quashed the prosecution proceedings under Section 341 rlw.149 of lpC. 9. There is no reference in the final report indicating that the petitioners were either in drunken condition or unabre to manage themselves or functioned in indecent manner. Therefore, the accusation under Town Nuisance Act, 1ggg, is also falling short to make out any case. 10. For the aforesaid reasons, the criminar petition is ailowed and the proceedings against the petitioners/accused Nos.1,2, 10 to 14 and 16 to 18 in C.C.No.1072 ol 2O2O on the file of the learned I Additional Judicial Magistrate of First Class at Jagtial District, are hereby quashed. Miscellaneous petitions, pending if any, shall stand closed. SdT L;-VIJAYA LAXMI ASSISTANT REGlSTRAR To, //TRUE COPY// SECTION OFFICER

1. The I Additional Judiciat First Class Magistrate, at Jagtial. 2. The Station House Officer, Jagtiat Town police Station, Jagtial District One CC to Sri. Shaik Muhammed Abed Advocate [OPUC] 4 Two ccs to pubric prosecutor, High court for the state of rerangana. [oUT] 5. Two CD Copies '(zoro) rs scc szs HIGH COURT DATED:0210412025 ORDER CRLP.No.4628 of 2025 gE 61414: $x t'1N u6 ', r j --trlI-e .. ,,),,. \i, ALLOWING OF THE CRIMINAL PETITION. .'./, ) d\1 ?\6+