High Court · 2025

Petition under Section 528 of BNSS praying that in the circumstances stated in the tvlemorandum of Grounds of criminal Petition, the High court may be pleased to Quash the proceedings against the PetitioneriAccused in Petty case charge sheet vide cc.No.2162 of 2023 on the file of Judicial First class Mag istrate at Zaheerab ad l.A. NO: 1OF 2025 Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminal Petition, the High court may be pleased to stay all further proceedings including appearance of the Petitioner/Accused in Petty case charge Sheet vide cc.No.2162 of 2023 on the file of Judicial First class Magistrate at Zaheerabad, pending disposal of the above Criminal Petition This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri M A K MUKHEED, Advocate for the Petitioner and SUREPALLI PRASHANTH ASSISTANT PUBLIC PROSECUTOR on behalf of the Respondent No.1 and of None Appeared for the Respondent No.2 The Court made the following: ORDER .'f*.-r'+.i8 '{ F o i l i I I I I I j i I j j THE HON'BLE SHRI JUSTTCE ANIL KUMAR JUKANTI CRIMINAL PETITION No.7254 OF 2o25. ORDER: This Criminal Petition is liled under - Section 528 of the Bharatiya Nagarik Suraksha Sanhita (for short ,BNSS) by petitioner/ accused to quash the proceedings against him in C.C.No.2162 of 2023 on the file of Judicial First Class Magistrate, Zaheerabad. The offence alleged against petitioner is under Section 504 of Indian penal Code, 1860 (for short IPC').

2. Heard Mr. M.A.K.Mukheed, learned counsel for the petitioner arld Mr. Surepalii prashanth, learned Assistant Public Prosecutor for the respondent - State. perused the material on record.

3. Respondent No.2 filed a complaint against accused stating that accused is scolding, abusing the complatnant and telling in the public that he is a Maqbara (informant), iending money and a thief and as such he is provoking him. 2 JAK, J CRLP 7254 2025

4. FIR bearing No.3 of 2022 came to be regstered in the Zaheerabad.Town Police Station under Section 504 of IPC' After investigation, charge sheet bearing No'2 of 2023 carrte to be filed (petty case charge sheet) before the Judicial First Class Magist rate, Zalteetabad, in the charge sheet charges are under 504 of IPC' It learned counsel for is contended by

5. accused/petitioner that ingredients of Section 504 of IPC are not made out in the complaint, that the complaint is vague without any specific details of abuse' It is further contended that an intentional insult provoking a person resulting in the breakdou'n of public peace or cause to commit any other offence have not been fulfilled'

6. On the other hand, learned Assistant Public Prosecutor submitted that on the basis of the complaint dated 06.09 .2022, an investigation was conducted and charge sheet is hled' It is further submitted that accused has provoked the complainant by abusing him, hence' it is a matter for trial to be adjud'icated by the Court of Judicial I j i I Il I 5:S'"--V 3 JAK, J CRLP 7254 2025 First Class Magistrate, Zaheerabad. and interference is not necessitated.

7. Heard learned counsels, perused the record and considered the rival submissions.

8. Complaint is dated 06.09.2022. Complaint is very vague and details are not forthcoming as to the date, piace, or month of abuse. There is nothing in the complaint that fulfills the ingredients of Section SO4 of IpC. Section 504 of IPC reads as follows: "\\rhoever intentionally insults, ald thereby gives provocation to any person, intending or knowinglt to be likely that such provocation rr,ill cause hlm to break the public peace, or to commit anv other offence. sha.ll be punished wrth imprisonmenr of either description for a term which may extend to two yeaJs, or with fine, or with bolh."

9. On a reading of Section 504 of IpC, it is clear that there must be intentional insult by the accused which is not forthcoming in the complaint, the insult must be in such a manner that it provokes the person insulted. Further, it should be within the knowledge of the accused that such provocation would breakdown the public peace or cause to commit any other offence. A reading of the ( I I I t I 1 t ! , I i 4 JAK, J cRLt, 1254 2025 a:. complaint arld the charge sheet do not fulfill any of the ingredients. Allegations are trivial in nature and ingredients of Section 504 of IPC are not made out in the complaint nor in the charge sheet.

10. Considering the nature of a-llegations which are trivial, this Court is of the view that continuance of the proceedings in C.C.No.2162 of 2023 on the file of Judicial First Class Magistrate, Zaheerabad, would be an abuse of process of law and are liable to be quashed and are accordingly qrrashed. 1 I . For the aforesaid reasons, this Criminal Petition is allowed. Miscellaneous applications pending, if any, shall .! I stand closed. //TRUE COPY// Sd/- M. NA.GAMANI ISTANT REGISTRAR ECTION OFFICER To,

1. The Judicial First Class Magistrate at Zaheerabad, Sangareddy District 2. The Station House Officer, Zaheerabad Police Station, Zaheerabad, Sangareddy District

3. One CC to SRI M A K MUKHEED Advocate [OPUC] 4. Two CCs to Public Prosecutor, High Court for the State of Telangana at Hyderabad [OUT]

5. Two CD Cop tes VM/gh HIGH COURT DATED: 1510712025 ORDER CRLP.No.7254 ot 2025 ALLOWING THE CRTMINAL PETITION 1 t1g ( ( I I ( o ./,t 1O SEP TUI r- t,Aj c .,r(\