The High Court · 2025

1 The State of Telangana,, Rep. by its Public Prosecutor, High Court of Telangana, Hyderabad 2 Shaik Buran, S/o Not known to Petitioner, Aged Major, Occ. SI of Police, PS Asif Nagar, Hyderabad ...Respondents/Defacto Complainant 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 call for the records pertaining to CC No. 5603 of 2020 on the file of the Hon'ble I Additional Chief Metropolitan Magistrate, at Nampally, Hyderabad, and quash the same against the Petitioner. .' t.A. NO: 1 OF 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 in CC No. 5603 of 2020 on the file of the Hon'ble I Additional Chief Metropolitan Magistrate, at.Nampally, Hyderabad, pending disposal of the present Criminal Petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Mohammed Adam, Advocate for the Petitioner and Sri Jithender Rao Veeramalla, Additional 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,BLE SMT.JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.'|1842 ol 2025 ORDER: This Criminal Petition is filed by the petitioner-accused No.9 seeking to quash the proceedings in CC No.5603 of 2020 on the file of l-Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, for the offences under Sections 420,269,270 and 188 IPC and Section 3 of the Epidemic Decease Act, 1987 and Section 51 of the Disaster Management Act

2. Heard Mr. [\Iohhammed Adam, learned counsel for the petitioner and I\/r. Jithender Rao Veeramalla, learned Additional Public Prosecutor for the respondent No.1-State

3. The case of the prosecution is that accrued NgS.1 to 8 are the Nationals of lran, who have come to lndia to attend the Tabligi Jamaath Conference at Nizamuddin, New Delhi, from 24.02.2020 to

28.02.2020 and participated in Jamaath activities, during the Covid period. Later, they left Delhi and came to Hyderabad on29.O2.2O2O and stayed at Mallepally Bade Masjid till '18.03.2020 and participated in Jamaath activities. He further submitted that accused Nos.1 to 8, under the influence of accused No.9 came to Dhoti Shah Masjid, Murad Nagar and stayed there for Jamaath activities duly preaching ') EfO,J Ctl.P. No.11Ea2 ot 2025 lslam and they mis-represented the facts and obtained Visas for a wrongful gain for them and wrongful loss to the government. Their acts are negligent and malignant, likely to spread infection of disease, dangerous to life and further they disobeyed the order duly promulgated by the public servant during Covid pandemic period. Thus, they are facing the allegations under Sections 420, 269,270 and 188 IPC and Section 3 of the Epidemic Decease Act, 't 987 and Section 51 of the Disaster Management Act and Section 14(1)(b) of the Foreigners Act, 1946.

4. Learned counsel for the petitioner-accused No.9 has submitted that the petitioner is innocent and he gave shelter to the lran Nationals, just on humanitarian grounds and that he does not know about the background of the accused Nos.'l to 8. He further submitted that in a similar case in Crl.P.No.12O'1 5 ot 2023, a coordinate Bench of this Court has quashed the proceedings against the petitioners therein, and therefore, he prayed to quash the .proceedings against the petitioner in the present case by applying the same analogy.

5. Learned Additional Public Prosecutor has submitted that accused Nos.'l to 8 are the foreigners, who came on tourist Visas and without intimating the government authorities, they attended the -/ J EfD.J crt.P. No.11U2 0l 2025 Tabligi Jamaath and the petitioner herein alleged to have given shelter to them

6. Perused the record.

7. The petitioner herein is accused No.9, who is alleged to have given shelter to the foreign Nationals during the pandemic \ period. ln a similar case, in Crl.P. No.1 0215 ot 2023 wherein similar offences were alleged against the petitioners therein, a coordinate Bench of this Court has quashed the proceedings against the petitioners therein by observing that there was no material filed by the police to substantiate that the petitioners were tested positive or they have spread the disease to anyone causing danger to the life of others due to their travelling from Delhi to Hyderabad. ln the present case also, there is no material filed by the police to substantiate that the petitioner and the other accused were tested Covid positive or that they have spread the decease to anyone causing danger to the life of others due to their travelling from Delhi to Hyderabad. Hence, applying the same analogy, it is opined that continuation of the proceedings against the petitioner herein in the absence of any material filed by the police, would be an abuse of process of law. I I i I I I I 4 ETD,J Crl.P. No.i1812 ot 2025

8. ln the result, the petition is allowed and the proceedings in cc No.5603 of 20zo on the fite of l-Additional chief Metropotitan Magistrate, Nampally, Hyderabad, against the petitioner, are hereby quashed. Miscellaneous Petitions, if any pending, shall stand closed SD/- M.NAGAMANI ASSISTANT REGISTRAR 6 / //TRUE COPYII SECTION OFFTCER To,

1. The I Additional chief Metroporitan Magistrate, Nampally, Hyderabad 2. The Station House officer, Asifnagar police station, Hyoera-oao 3. Two cCs to Public Prosecutor, High court for the State of Telangana at 4. One CC to Sri Mohammed Adam, Advocate tOpUCI 5. Two CD Copies Hyderabad [OUT] ABK /PSL Y* I \ \ HIGH COURT DATED: 1111112025 ( rrf- St t f t o (, 2? [0tl t Gr z C) A t Or natC\{gO * ORDER CRLP.No.11842 of 2025 ALLOWING THE CRIMINAL PETITION ,t-eq Xi.ild