High Court · 2025

The State of Telangana, Through S.H.O, P S Balapur, Rep by its Public Prosecutor, High Court at Hyderabad. B Srikanth, Sub lnspector of police, PS Balapur, 1 2 ...RESPONDENT/COMPLAINANTS Petition under Section 528 of BNSS praying that in the circumstances stated in the l/emorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings against the petitioner in C.C.No.3064 of 2022 on the file of the Court of the I Additional Metropolitan Magistrate-cum- V Additional Junior Civil Judge at L.B. Nagar, Ranga Reddy, for the offences Punishable U/s.188, 269 of IPC and sec-51(B) of Disaster Management Act of 2005 -------- -\"-- I.A. N O: 1OF 2025 Petition under Se stated n the Me.r o ra n d,'jT f :, ::"")'.";:::i:"1n, i^ff f [:: T:; be pleased to stay all further proceedings against the petitioner.including appearance of the petitioners/Accused No,s. 1, g, 12 and .16 herein in c c No 3064 0r2a22 0n the fire of the court of the r Additionar Metroporitan Magistrate cum V Additional Junior Civil Judge at L.B. Nagar, Ranga Reddy This petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal petition and upon hearing the arguments of sri shaik Muhammed Abed, Advocate for the petitioner and sri V.Jithender Rao, Additional Public prosecutor on behalf of the Responden: No.1 and none appeared for the Respondent No.2. The Court made the following: ORDER ',.1'... --a c- \ -!L- lr^^ \ ) -J.- ,-^ 6r -L o'I { THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITION No. 8842 of 2025 ORDER This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.'), seeking quashment of the proceedings against the petitioners in C.C.No.3046 of 2022 on the file of the learned I Additional Metropolitan Magistrate-cum-V Additional Junior Civil Judge at L.B.Nagar, Ranga Reddy.

2. Heard Mr.Shaik Muhammed Abed, learned counsel for the petitioners and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing respondent No.1 -State.

3. The petitioners are arrayed as accused Nos.'1 , 9, 12 and 16 in the Calendar Case, which was taken cognizance for the offences punishable under Sections 'l BB, 269 of the lndian Penal Code, 1860, and Section 51(b) of the Disaster Management Act, 2005

4. The prosecution case in brief is that on 30.01 .2022, a complaint has been filed alleging that that the petitioners along with other accused persons were practicing Karate at O.B.Function Hall, Venkatapur Village without any permission and in violation of COVID_.lg regulations. -!-- 2 \l It./ (.ri. l'.\0.,\.tl : .i :0: ;

5. Learned counsel for the petitioners would submit that a false case has been foisted against the petitioners and the trial Court erred in not considering the relevant provision of law and acted in a mechanical manner wherein the cognizance for the alleged offences against the petitioners has been taken in spite of the failure of the compliance of mandatory provision of law. Learned counsel further pleaded that a Coordinate Bench of this Court while considering similar circumstances in Crl.P.No.3164 of 2024 quashed the criminal proceedings against the petitioners therein, who are other accused in the present Calendar Case. The petitioners are entitled for similar relief. Thus, prayed for quashment of Calendar Case proceedings against the petitioners.

6. Learned Additional Public Prosecutor has pleaded that the allegations are specific in the complaint. The petitioners were named and without there being any required permission and against the COVID Pandemic regulations, the petitioners and others have gathered, nonetheless, fairly admitted that the petition filed by the other accused in the present Calendar Case, was allowed and the proceedings were quashed. 7 I have perused the material on record.

8. A Coordinate Bench of this Court, having considered the facts and circumstances and the statutory position, the proceedings agaSst 3 (.i/ 1).\a. J,l l - \ /]i./ ar ,'tl 'j accused Nos.S, 6, 7,11,15, 19 and20 vlde orders dated 08.04.2024 in Crl.P.No.3164 of 2024 were quashed on the ground that the trial Court ought not have taken cognizance except upon the complaint filed by the public servant as contemplated under Section 195(i)(a) of Cr.P.C. and Section 60 of the Disaster lrlanagement Act, 2005. As the petitioners are alleged to be part of 21 persons gathered in the premises, the conclusion drawn in the earlier Criminal Petition shall affect the petitioners on all forces determined lhe petitioners are entitled for the similar reliefs L For this reason, the proceedings against the petitioners/accused Nos. 1, 9, 12 and 16 in C.C.No.3046 of 2022 on the file of the learned I Additional Metropolitan Magistrate-cum-V Additional Junior Civil Judge at L.B.Nagar, Ranga Reddy, are hereby quashed. '10 Accordingly, the Criminal petition is allowed. Pending miscellaneous applications, if any, shall stand closed //TRUE COPY// SD/- A. JAYASREE s STANT REGISTR ECTION OFFICER T o 1 2 The I Additional Metropotitan Magistrate_cum_V Additi at L.B.Nagar, Rangareddy Distric-t at f_.e.Nigai.' 81,1f," "?l"Ji',:?:fiir1"Ji;"i,r,i^:;X;3a

3. One CC to Sri. Shaik Muhammed Abed, 4. Two CCs to public prosecutor, High Cou 5. Two CD Copies. ,- YIR/GH .-",.,onal Junior Civil Judge r. Barapur, Rep by its Advocate [OPUC] rt for the State of Telangana. [OUT] HIGH COURT DATED:1610712025 ORDER CRLP,No.8842 of 2025 :.', u 7 titi 20fi Dp 5p.11 ,-: ' ALLOWING OF THE CRIMINAL PETITION' g //t /4 /ta .//;