Criminal Petition No. 8965 of 2025 · The High Court · 2025

2 Sri Uggidi Srinivas S/o Mallaiah, age Not known, Occ: llr t 1no*n, R/o Vasavi Nagar, Nakrekal Town, Dist: Nalgonda. ...RESPONDI:,lT/COMPLAINANTS Petition under Section 528 of BNSS., prir ing that in the circumstances stated in the Memorandum of Grounds of ( riminal Petition, the High Court may be pleased to call for the records relating r FIR No.86 of 2025. Df .25.03.2025 of P.S. Nakrekal, Dist. Nalgonda and Quaslr the same as againsl the Petitioner herein/Accused No.3. l.A. NO: 2 OF 2025 Petition under Section 528 of BNSS., praying that I the circumstances stated in the Memorandum of Grounds of Criminal Petitior the High Court may be pleased to stay all further proceedings including the ar est of the petitioner herein/Accused No 3 in FIR No.86 of 2025 of P.S. Nakrr <al, Dist Nalgonda pending disposal of the Crrminal Petition. CRIMINAL PETITION NO: 8989 OF 2O25:, Between: Kalvakuntla Taraka Rama Rao, S/o K. Chandrashekrr Rao, aqed 4g vears Occu. Ir/lLA - Siricitta Assembly Constituency, R/o 1 No.8-21jZOt1j6i113, Nandinagar, Road No.14, Banjara Hills, Hyderabad - 5r) , 034. AND PETITI(,. IIER/ACC USED No.1

1. T.he State of Telangana, rep. by its Public prosecutor, 1.1 gh Court at Hyderabad

2. Sri. Nakirekanti Narendar, S/o Mattapalli R/o Marrur Mzr dal. Nakrekal Dist. Nalgonda ... RESPONDENT/DEFA: TO COMPLAINANTS Petition under Section 528 of BNSS., praying that i the circumstances stated rn the Memorandum of Grounds of criminal petitio r the High court may be pleased to call for the records relating to FIR No.87 of I )25, d1.25 03.zo25 of P.S Nakrekal, Drst. Nalgonda and Quash the same as ; gainst the petitioner herein/Accused No.1 . l.A. NO: 2 OF 2025 Petition under Section 528 of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Crimrnal Petition, the High Court may be pleased to stay all further proceedings including the arrest of the Petitioner/Accused No.1 in FIR No,87 of 2025 of P.S. Nakrekal, pending disposal of the Criminal Petition. These Petitions coming on for hearing, upon perusrng the Memorandum of Grounds of Criminal Petitions and upon hearing the arguments of Sri T V RAMANA RAO, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No. 1 and none appeared for the Respondent No. 2. The Court made the following: ORDER THE HON'I}LE SRI.IUSTICE K. LAKSI MAN (IRIMINAL PE-IITION Nos. 8965 ,8966 and 3 )89 of2025 COMI\ION 0RDER: Ileard VIr. I'.V,ltamana Rao, leamed co, tsel lbr the pe titioner and N4r.Syed Yasar Mamoon, le arn( ( Additional I'ublic Prosecutor appearing for respondent No I State.

2. ('rinrinal I']etition No.8965 of 2025 is filed under Scotion 528 of []haratiya Nagarik Suraksha S; nhita, 2023 (BNSS), to tluash the proceedings r sainst thc petitioner'/accused No.2 in Crime No.85 of 2t 25, pending on thc ti ic of' Irlakrekal Pclice Station. ' re offence s alleged against him arc under Sections 3:3(l)(c) and 353(2) of Flharatiya Nyaya Sanhita, 2023 (fu ;hort, 'BNS,, 2023'\

3. Crirnina[ Petition No.8966 of 2025 ir; filed undcr Sectiorr 528 of BNSS, 2023, to quash the proceedings against the petitioner/accused No.3 in Crirr e No.86 of I 2 2025, pending on the file of Nakrekal Police Station. The ofI'ences alleged against him are under Sections 353(lXc) and 353(2) ot'BNS, 2023.

4. Criminal Petition No.8989 of 2025 is filed under Section 528 of BNSS, 2023, to quash the proceedings against the petitioner/accused No.l in Crirne No.87 ol 2025, pending on the file of Nakrekal Police Station. The ofl'ences alleged against him are under Sections 353(lXc) and 353(2) of BNS, 2023 and Section 3(l)(u) of the Scheduled Castes and the Scheduled Tribes (Prevention o1' Atrocities) Act, 1989.

5. Petitioner in all the aforesaid three Criminal Petitions is onc and the same. Crime No.85 of 2025 was registered on the cornplaint lodged by Municipal Chairperson, Nakrekal Municipality. Crime No.86 of 2025 was registered on the complaint lodged by Congress Party worker. Crime No.87 of 2025 was registered on thc 3 complaint lodged by the Director, PAC:i Mamtru, Nakrekal Matrclal.

6. In all thc aloresaid complaints, allegat on lcvelcd against thc pctitioner herein is that lre hrr , posted a message in Tu,ittcr and it is relevant to extrr ct the said message: -aI Dr. Krishank I li, isrr, r:r( llliS C7 _ElASlrockirlgCaseof SSC l)aper Leak as well asNexusf(r Iop Rankinlls ConBress leadcr s involved with Private School Manageme r toseridthe SSC lOth Class Ixamination First Day Question paper thr( L th Whatsal)p Groups... \,'"./hile l5 Deoi)ie have beerr involved, only 6 lr.rve l)ee,r arrested , Right Hand ol Cong,ress MI A is not named in the FIR with I )verr)ment's pre:;sur(' . Petitioner lrled these criminal petitions 1r quash the proceedings in the afbresaid crimes.

7. Mr.T.V.l{amana Ilao, learned courl el for the petitioner, on instructions, would submit that rhe petitioner never posted the said message in the Twitter Ls alleged by 4 t the complainants in the aforesaid three crimes. Assuming fbr a moment, if the said message is posted by thc petitioner, the contents of the said message lacks the ingredients olSections 353(l)(c) and 353(2) of BNS,2023 and Scction 3( I )(u) of the Act, I 989. Petitionor was falsely implicated in the afbresaid three crimes duc to political rivalry. With regard [o one incident,, Police, Nakirekal ['olicc Station, havc registered the aforesaid three crimes. Registration of multiple crimes on the basis of one incident is nothing but an abuse ofprocess oflaw

8. In the light of the said submissions, it is apt to note that Section 353 of BNS, 2023 deals with statements conducing to public mischief and Section 3(l)(u) of Act, 1989 deals with punishments for offences attrocities and it is relcvant to extract the same below: *353. Statements conducing mischief. ] I) Whoever makes, circLrlates any statement, false to public publishes or information, 5 mmour, or report. including through ele t,ronic (a) rvith intent to cause, or which is I i I :ly to cause. any olllccr, soldier, sailor or airr ran in thc .\r'nry, Navr' or Air Force of Ir lia to nrutiny- or otherwise disrcgard or fail in his duty as such; or (b) with intent to cause, or which is llely to cause. fear or alarm to the public, ol o any section of the public whereby any pers( r may be induced to commit an oflence agai st tlte State ur against the public tranquillity; '' (c) with inlent to incite, or which is Iiely to incitc. any class or cornrnunity of pcr : xs to cornrnit anv ofl'ence against any other r. ass or cornmunity, shall be punished s'ith irnprisonment which rnay extend t ) tht ee years, or with llne, or with both. (l ) Whoever makes, publishes or circuli I rs any statcment oI reporl containing false infrr|r ration, rurn()ur or alarming nervs, including t rrough eleclronic means, with intent to create or f r )mote, or rvhich is likely to create or prorn( le. on grounds olreligion, race. place of birth, res dence, langr"rage. caste or community or any other lround whatsoever, f'eetings of enmity, hatred or ll will between different religious, racial, langL rge or regional groups or castes or communities, r hall be punished with imprisonment which may er rend to three years, or with fine, or with both. { 6 (3) Whoever commits an offence specified in sub- section (2) in any place of worship or in any assembly engaged in the perlonnance of religious u"orship or religious ceremonies, shall be punished w,ith imprisonrrrent which may extend to flve vears and shall also be liable to fine. Exccption.-lt does not amount to an offence, within the meaning ol this section, when the person making, pubtishing or circulating any such statcment, f'alse information, mmour or report, has rcasonable grounds fbr believing that such slaternent, l'alse inlonnation. rutnour or reporl is true and makes, publishes or circulates it in good faith and without any such intent as aforesaid. 3. Punishments for offences atrocities.-3 [(l) Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe,- (u) by words either written or spoken or by signs or by' visible representation or otherwise promotes or attempts to promote fbelings of enmity, hatred or ill-will against members of the Scheduled Castes or the Scheduled Tribes;

9. l'o attract the offence under Section 353(lXc) of BNS, 2023, there should be an intention to cause or which 7 i is likely to cause any officer, soldier, sailor :'airrnan in the Arm1,',, Nav;' or Air Force of lndia ro mutiny or otherwise disregard or farl in his duty as such, rrcre should bc an intention to cause, or rvhich is likely to r'; usc, f'ear or alarm to the public, or to any section of the pLr r lic whereby, any person nray bc induced to commit an ol'i ncr- against the State or against the public tranquilitl'and hcre should be an intcntion incite, or rvhich is likely to inci e, anl.class or community of persons to contmit any of'l r nce againsL any other class or community.

10. l'o attract the offence under Section 351'2) of BNS, 2023, there should be publishing or cir.: rlating any statement or report containing false informatio I, rumour or alarming news, including through electronic neans, rvith an rntentron to create or promote, or whiclr is likelv create or promote, on grounds of religion, rr ce, place of birth, residence, language, caste or comm.r rity or any other ground whatsoever, feelings of enmir,v hatr-ed or ill B will between difl'erent religious, racial, language regional groups or castes or communities. I 1. Io attract Section 3( I )(u) of Act, 1989, there should be rvords cither written or spoken or by signs or by visible representation or otherwise promotes or attempts to promote f'eelings ol enmity, hatred or ill-will against members of the Schcduled Castes or the Scheduled Tribes.

12. Coming to thc f'acts of the present case, the allegation leveled against the petitioner in the aforesaid.three crimes is that he posted the aforesaid message in Twitter. I 3. With regard to the contention of the petitioner that he has not posted the said message in the twitter, it is a factual aspect which this Court can't consider. Assuming for a moment, the said message was posted by him in Twitter, as per the contents of the said message, the allegations leveled against the petitioner hercin is that the congress leaders involved with private school management to send 9 the SSC l0'l' class examination first da1 qur: ,tion papcr through whatsapp groups. While 15 peoplc have becn involved onlv 6 have been arrested, Right i rnd of the congress Ml-A is not namcd in the FIR rvith Gl vernment's pressure.-[hus, thcre is no enmify, hatrcd or ill will bctrveen dillerent religious, racial, language lr regional groups or castes or communities.

11. As discusscd supra, on the complain lo<Jged b1 Municipal Chairperson, Nakrekal Municipt ity, police have registered Crime No.85 of 2025, on th, . cornplaint lodged by Sri Uggidi Srinivas, Congress l):-qv workcr, Police havc registered Crime No.86 of 202! and on the complaint lodged by Director, PACS, Marr uru. police have registered Crime No.87 of 2025. 'l'lt allegation leveled against the petitioner in the aforesai<.| .hrec crimes is that he posted the aforesaid message in 'l-r,itter. Thus, allegations, incident and cause of action are rne and the sanle. 10

15. With regard to one and the same cause of action, Police can't register multiple FIRs as held by the Apex Cou( in T.T.Antony v. State of Keralat and this Court in f,akka Vinod Kumsr Reddy v. State of Telangana2.

16. Assuming for a moment that the petitioner has posted the aforesaid message fwitter, the same is lacking ingredients of Sections 353( I )(c) and 353(2) of BNS, 2023 and Section 3(l)(u) of the Act, 1989. Therefore, continuation of proceedings in the aforesaid three crimes against the petitioner is an abuse of process of law. 'fherefbre, the proceedings in the albresaid three crimes against the petitioner are liable to be quashed 11 . ln the result, proceedings in Crime Nos.85, 86 and 87 of 2025, pending on thc file of the NakrekalPolice Station, are hereby quashed in respect ofthe petitioner herein only. ' AIR 2OO1 SUPREME COURT 2637 2 AIRONLINE 202I TEL 76 11

18. Accordingly, these Criminal Petitions ar: allowed. Miscellaneous applications, if any po rding. shall stand closed. SD/- N.CHAI DRA SEKHAR RAO I):PUTY REGISTRAR //TRUE COPY// \ \ I SECTION OFFICER To,

1. The Judicial First Class Magistrate, Nakrekat, Dist: Nall >nda 2. The S H.O , P.S Nakrekal, Dist Nalgonda. 3. One CC to SRl. T V RAMANA RAO Advocate IOPUC] 4. N CG,IO THE PUBLIC PROSECUTOR, High COUTT f: 'thc StAtE Of Tentangana, Hyderabad [OUT]

5. Two CD Coptes ASR4)SLw HIGH COURT DATED:09109t2025 3 I JAI zuzt I is:., ?f c).\ i COMMON ORDER CRLP.No.8965, 8966 & 8989 OF 2025 ALLOWTNG THE CRLPs % coglar XF'