The High Court · 2025

HON'BLE SRIJUSTICE K. LAKSHMAN CRIMINAL PETITION No.7200 of 2024 ORDER: Heard learned counsel for petitioners/acgused Nos.l & 2 and leamed Public Prosecutor appearing for respondents.

2. This application is filed by petitioners/A.1 & A.2 under Section 482 of the Code of Criminal Procedure (Cr.P.C.) to quash the proceedings against them in C.C.No.2 I8 of 2024 on the file of the learned Special Judicial Magistrate of First Class for Excise Cases, Nampally, Hyderabad, in respect of Crime No.453 of 2023 of Musheerabad Police Station, registered for the offences punishable under Sections 341 and 290 of Indian Penal Code (IPC) and Section 2l/"76 of the Hyderabad City Police Act, 1348 Fasli (CP Act), on the basis of the complaint dated 27.11.2023 lodged by 2nd respondent.

3. In the aforesaid complaint lodged by 2'd respondent, the Sub-Inspector of Police, Musheerabad Police Station, at the relevant point of time, it is alleged that on 27.11.2023,at about 21:45 hours, he was performing area patrolling duties along 2 KL, J Ct..P.No 72oO ot 2024 with his staff, PC 3418, V. Balram (LW.2), HG 8735 Ahmed Moinuddin (L.W.3) and monitoring the election road-show. lt is fuither alieged that under the leadership of 1't petitioner/A.1, contesting candidate of Musheerabad Assembly Constituency, a pafty meeting was arranged and 1" petitioner/A. I applied for permission lor conducting campaign from 15:00 hours to 22:00 hours. The same was permitted by the Retuming Officer as per the guidelines of Election Commission of India. It is further alleged that 2"'r petitioner/A.2 also t; parlicipate,.l in the said programme to address the crowd for campaigning on behalf of 1" petitioner/A.1, in the road show at Anjurnan School. They have continued the road show and concludcd it at 22:07 hours, which is beyond the permitted time by E(lI for campaigning for the ongoing Telangana State Assembly elections. ln the said road show, they have also burst the crackers and caused nuisance to the comrnon public by violating the Model Code of Conduct and the same was video-graphed. Hence, 2nd respondent requested the Station House Officer to take action against petitioners. ':l J KL, J Crl.P.No.720o of 2024

4. During the course of investigation, the Investigating Officer recorded the statements of 2'd respondent as L.W.l, eyewitnesses as L.Ws.2 and 3, panch witnesses as L.Ws.4 and 5.

5. In his statement, 2nd respondent has reiterated 'the contents of the aforesaid complaint dated 2'/ .11.2023 . L.Ws.2 and 3 have also stated in the same lines. Thus, the sum and substance of the statements of L.Ws.1 to 3 is that 1 petitioner/A. I had obtained perqrission for conducting campaign from 15:00 to 22:00 hours and 2"d petitionerlA.2 parlicipated in the said campaign. They have conducted road show beyond the permitted hours i.e., 7 minutes, and caused public nuisance and wrongfully restrained the general public on road.

6. In the light of the said discussion, it is relevant to note that Section 268 of IPC deals with 'public nuisance'. It reads as under:

268. Public nuisance.-A pcrson is guilty of a pubtic nuisancc rvho does any acl or is guilty of an illegal omission which causes any common injury, danger or .{ 4 XL, J Crl.P.No 7200 of 2024 annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or allnoyance to persons who may have occasion to use any public right. A common nuisance is not excused on the ground that it causes sorrre convenience or advantage.

7. Section 290 IPC deals with punishment for public nuisance irL cases not otherwise provided for. It reads as under: "290. Punishrnent for public nuisance in cases not otherwise provided for.-Whoever cornmits a public nuisance in any case not otherwise punishable by this Codc. shall be punished with fine which may extend to trvo hundred rupees."

8. Section 339 IPC deals with the definition of wrongful restraint. 11 reads as under: "339. Wrongful restraint. Whoever volunta.rily obstructs any person so as to prevent that person from proceeding in any direction in which that person has a right to proceed. is said wrongfully to rcslrain (hat person. Exccption.-The obstruction of a private way over land or water which a person in good faith believes himself to have a lawful right to obstruct, is not an offence within the meaning of this section."

9. Sections 2l and 76 of CP Act read as under: I C J KL, J Crl.P.No.72OO of 2024 Section 2l of CP Act: *21. (l) The [Comrnissioncr of City Police, Hyderabadl may, from time to time, make rules not inconsistent with this Act in respect of the following. Such rules shall, in case of clauses (b) an{ (c), be subject to the control of the Govemrnent and with regard to the remaining clauses, sanction of the Govemment shall be obtained prior to the enforcement of rules. (a) granting licences to persons willing to accept cmployrnent at places wliere goods is unloadcd, and fbr the carriage of passengcrs' baggage outside the limits of Railway stations and fixing a scale of charges and remuneration for labour of persons so employed; (b) regulating traftlc ol all kinds in public streets or public places, and regulating the use of streets and public placcs by persons r.valking, driving, cycling or accornpanying or leadiug cattle, with a view to prevent danger, inconvcnicnce or obstruction to the public; (c) regulating the conditions under which vehicles may be parked in public streets and public places, and the use of public streets as temporary halting places for cattle and vehicles; (d) prescribing the number and position of lights to bc used on vehicles passing through public streets or public places, and regulating the manner ofconveying timber, poles, bamboo, ladders, bars, iron beams boilers and other unvieldy articles and the route and hours for conveying such arlicles; I I i 6 KL, J ('r .P No.7200 ot 2024 (c) prescribing, subject to any notice issued by the Ivlunicipal Cotnmissioner in this behalf, the roads along which and the hours during rvhich corpses may or may not be canied; (f) licensing for or regulating the following rnatters and u4rere it is likely to cause inconvenience, delay. danger or damage to the residents or the persons p:ssing in the vicinity. plohibiting.- (i) the keeping of a place of public amusement or place ofpublic entcrtaimnent, (ii) the ptaying of music in public streets or public places, [(iia) the using of a loud-speaker in any public place or places of public entertainment,] (iii) the illumination in public street, or public place, or on any building adjacent to the public street, by persons other than Govemment or M unicipal officers authorised in this behalf, (iv) the carrying through public streets or placcs of gunpowder or other explosivc substances, (v) blasting; (g) regulating the entrance or exit at any place of public arnusemenl or place ol public cnlertainment or at any meeting or public assembly and providing lbr the maintenance of public peace and the prevention of disturbance at such places; 7 KL, J Crl.P.No.7200 of2024 [(gg) regulating or prohibiting the sale of any ticket or pass for admission, by wliatever name called, to a place of public amusement;] (h) where licence or certificate is required to be obtained under this Act, prescribing the procgdure for obtaioing it and fixing the fues for any such licencc and ceftificate: [Provided firstly that no person, by virlue of anlhing contained in this section and licencc granted under the rules issued undcr this section shall be authorisod to import, export, transporl, manufacture, scll or possess any liquor or intoxicating drugs in respect of which a licence or permit is required under 8 [the Andhra Pradesh (Telangana Area) Abkari Act, 1316 F.l or under any other law for the time being in forcc and that the liability which rnay be incurred by any such person under such law or any law for the time being in force relating to tireworks, explosives and arms shall not be aff'ected in any way by anl,thing contained in this scction: Provided secondly that a rule made under clause (g) shall not contain any condition requiring a licence for a place of public amusernenl. unless liquor. sendhi or any intoxicating drug as defined in tl.re law for the time being in lorce is sold in such places or unless such place is kept open for custorners between 9 p.m. and 5 a.rn.] (2) The porver to make rules under sub-section (1) shall be subject to the condition of the rules being enforced aftcr publication and they shall be published j i o KL, J C'1.P.No.7200 of2024 a. in the [Official Gazette] in the manner specified in section 84. (3) Notwithstanding the provisions contained in this section or in any rules made thereundcr, it shall always be lawful for *[Commissioner of City Police, Hydcrabadl to refuse a licence for or to Fohibil the establishrnent of a place of public amusement or a place ofpublic entertainment by a notorious scoundral or a bad character." Section 7(r of CP Act: "76. Whoevcr,- (a) contravenes ar.ry rule made under section 21 of this Act or any other order or prohibition lawfully grven under sub-section (3) of section 2l or section 22, or (b) refuses or fails to conform to any lawful and reasonable direction of any Police officer given in accordance with this Act, or with any rule made thereunder, or (c) opposes or disobeys or lhils to confonn to aly direction of the * [Cornmissioncr of City Police, H ydcrabad.] nolified under seclion 26 of this Act, rrr atrets opposition or refusal to confom to such direction, shall,- (firstly) - for any contravention of a rule made undcr section 21 of this Act, if the said rule is made urder subsection (a), (b) or (c) or under clauses (first) and (second) of sub-section (f), be punished with fine which rray extend to fifty rupees; and if the rule ': ) .-.' 9 KL, J Crl.P.No.7200 {]f2024 contravened is made under subsection (d) or (e) or under clause (third) or (fourth) or (fifth) ofsub-section (l). be punished with imprisonmenl lor a term which may extend to (8) days or with fine which may extend to fifty rupees or with both. (secondly) - if thc offence constitutes a contravention of any prohibitory order made umler sub-section (2) or subsection (3) of section 22 or clause (c) of this section, be punished with imprisonment for a term which may extend to one month or with fine which rnay extend to onc hundred rupees or with both, and (thirdly) - in other cases, be punished with fine which may extend to one hundred rupees."

10. In Bhajan Lal (supra),, the Apex Courl cautioned that power of quashing should be exercised very sparingly and circumspection and that too in the rarest of rare cases. While examining a complaint, quashing of which is sought, Court cannot embark upon an enquiry as to the retiability of genuineness or otherwise of the allegations made in the complaint or in FIR. In the said judgment, the Apex Courl laid down ceftain guidelinesiparameters for exercise of powers under Section 482 of Cr.P.C. The same read as under: I 10 KL, J Crl.P.No 7200 of 2024 n6. "(1) Where the allegations made in the first infonnation report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against thc aCCuSe(1. (2) Whcrc the allcgations in the first infonnation rcport and other rnaterials, if any, accornpanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(l) of the Code cxccpt under an order of a Magistrate within the purvicw of Section 155(2) of the Code. (3) Where the uncontroverted allegations made irr the FIR or complaint and the evidence collected in support o1'the same do not disclosc the commission of anv offence and make out a casc against thc accussd. (4) Where the allegations in the FIR do not constitule a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code. (5) Whcrc the allegations made in the FIR or complaint arc so absurd and inhercntly improbable on the basis of ivhich no pmdcnt person can ever rcach a just conclusion that there is sufllcient ground for proceeding against the accused. (6) Where there is an express legal bar engraftcd in any of thc pnrvisions of the Code or the Act concemcd (under which a criminal proceeding is instituted) to the. institution ancl continuance of the proceedings and/or where there is a specific provision in the Code or Act concemed, providing efficacious redress for the grievance of the aggrieved party. (7) Whcrc a criminal proceeding is manifestly attended with mala tlde and/or where the proceeding is maliciously institutcd with an ulterior motive for wreaking vengeance on 11 I{L, J Crl P.No.7200 o12024 the accused and with a view to spite him due to private and personal gmdge. " The said principle was reiterated by the Apex Courl in a catena of decisions. i l. As discussed supra, none of the witnesses including L.Ws.l to 3 spoke about the aforesaid offences of wrongful restraint and public nuisance cornrnitted by petitioners. The only allegation levelled against them is that they have conducted the road show 7 minutes beyond the permissible time. However, this Court is of the view that the contents of the complaint dated 27.11.2003 lodged by 2nd respondent, the statements of L.Ws.1 to 3 and charge sheet lack the ingredients ofthe aforesaid offences alleged against petitioners. Therefore, continuation of proceedings against petitioners in C.C.No.218 of 2024 is an abuse of process of law. In the circumstances, they are liable to be quashed.

12. In the result, proceedings in C.C.No.218 of 2024 on the file of the leamed Special Judicial Magistrate of First Class for I t2 KL, J Crl.P.No.7200 of 2024 ,at Excise Cases. Hyderabad, are hereby quashed in respect of petitioners/A. 1 and A.2.

13. Accordingly, this Criminal Petition is allowed. Miscellaneous applications, if any pending, shall stand closed. To, //TRUE COPY// SD/- K. AMMAJI UTY REGISTRAR D OFFICER =CTION '1. The Special Judicial First Class Magistrate for Excise Cases At Manoranjan Complex, Nampally, Hyderabad 2. One-pC to Sri A. Prabhakar Rao, Advocate IOPUC] g. OMbC,Jo The Public Prosecutor, High Court for th6 state of Telangana at 4. Two CD Copies Hyderabad [OUT] "^..^Yr HIGH COURT DATED:12131202'5 ORDER CRLP.No.7200 of 2024 rrB JlAtt J o 01 ll,t\\ 2[25 ta.t\ :t *) , DEs,, CRIMINAL PETITION IS ALLOWED a^tofelr &"