The High Court · 2025

3. Lalith Balhotra, S/o. Ramesh Balhotra, Aged. 42 years, Occ. Business, R/o. H.No.3-5-380i 1 , Sri Silk Colony, Kagaznagar, Komarambheem Asifabad District.

4. Anshuman Singh, S/o.Balwant Singh, Aged 29 years, Occ. Business, R/o. H.No.TRT 183/46, Sri silk Market, Kagaznagar, Komarambheem Asifabad District.

5. Koneru Srinivas, S/o.Koneru Prakash Rao, Aged. 45 years, Occ. Business, R/o. H.No 1-16-74112, Near Vidya Dhari High School, Sri Nagar Colony, Kagaznagar, Komarambheem Asifabad District. ...PETITIONERyACCUSED NOs 1 to 4 & 6 AND 1 The State of Telangana, Rep. by its Public Prosecutor, High Court For the State of Telangana At Hyderabad. ....RESPONDENT /COMPLAINANT Syed Fayeem, S/o Ameeruddin, Aged. liilajor, Occ. Business, R/o. Vijaya 2 Basthi, Sri silk Colony, Kagaznagar, Komarambheem Asifabad District. ... RESPON DENT/DEFACTO COM PLAINANT Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings in FIR No. 23212023 P.S. Kagaznagar Town for the offences u/sec. 307, 506, 109, 294-8, 171-F R/w. Sec. 34 IPC against the Petitioners/Accused No. 1 to 4 and 6. LA NO: 2OF 2023 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the lvlemorandum of Grounds of Criminal petition,the High Court may be pleased to stay all further proceedings in FIR No. 232t2023 p.s. Kagaznagar Town for the offences u/sec. 307, 506, 109, 294-8, 171-F R/w. Sec. 34 IPC including arrest of the petitioners/Accused No. 1 to 4 and 6, pending the final disposal of the above Criminal Petition. These Petitions coming on for hearing,upon perusing the lvlemorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri V YADU KRISHNA SAINATH ,Advocate for the Petitioners and the Assistant Public Prosecutor (TG) on behalf of the Respondent No. 1 and none for the Respondent No.2. The Court made the following: COMMON ORDER I I I I i I I I I I I i l l I I i i I t I I I i I I Ii I I i I i .: j I I i I I j ! \ THE HON'BLE SHRI JUSTICE ANIL KUMAR JUKANTI CRIMINAL PETITION Nos.115OO and 115O1 OF 2o23 COMMON ORDER: Criminal Petition No.l15OO of 2023 is hled under Section 528 ol the Bharatiya Nagarik Suraksha Sanhita (for short 'BNSSJ b1. pctitioner/ accused No.5 to quash the proceedings against him in FIR No.232 of 2023 on the file of Kaghaznagar Town Police Station, Kumarambheem Asifabad. The offences alleged zrgainst petitioncr are under Sections

307. 506, lO9, 17 1t',294-b read n,ith 34 of Indian Penal Code, 1860 (for short'lPC')

2. Criminal Petition No.1150 1 of 2023 is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (for short 'BNSS') by petitioners/ accused Nos. 1 to 4 & 6 to quash the proceedings against him in FIR No.232 of 2023 on the file of Kaghaznagar Tou'n Police Station, Kumarambheem Asifabad. The offences alleged against petitioner are under Sections 307, 506, 109, 171-F, 294-b read with 34 of Indian Penal Code, i860 (for short'lPC'). l JAK.J Crl.P.No.l1500& I l50l ol202l

3. Heard Mr. V.Yadu Krishna Sainath, learned counsel for petitioners and Mr. E. Ganesl-r, learned Assistant Public Prosecutor for the respondent State. Perused the material on record

4. On the basis of the complaint, an FIR came to be registered bearing No.232 of 2023, dated 12.11.2023 for the offence punishable under Sections 307, 506, 1O9, 17 1-F, 294-b read with 34 of IPC. I I

5. It is observed from the complaint that on 12.11.2023, there was a meeting of BSP party and one Dr. R.S. Praveen Kumar was invited for the prograrn and when the meeting was going on, party bearers of BRS party came on vehicles, raising sounds of the vehicles and causing interference in the meeting. That, two vehlcles of BRS party were brought into the meeting arena and tried to create obstructions to the meeting. That they requested the driver to take vehicle away from the meeting and in spite of the request, the driver of the vehicle bearing No.AP 28 TD 5575, tried to strangle the throat of the complainalt and seems to have been made a statement that the MLA is behind him a4rffie can do anything what he I JAK,J Crl.P.No.I1500 & l l50l of2023 \vants and MLA is going to protect him. It is also averred that residents ol Vijay Basti Colon,v objected and tried to rescue from the driver and even no\ry throat pain is still persisting.

6. [t is further stated in the compiaint that the driver tried to kill him and stated that he had the support of MLA. Hence, the complaint. 7 . On a perusal of the complaint, it is apparent that the petitioner/ accused No.5 was not preser)t at the time of the incident. It is on the basis of the statement which was made by the accused No.l that he had the support of the petitioner/ accused No.5, he tried to strangle his throat with his bare hands. In all six people have been named in the FIR. But whereas in the complaint, it is specifically stated that accused Nos.2, 3 and 4 were present at the spot. In the complaint, norvhere it is reflected that accused No. 5 was present nor on his instigation, the said incident has taken place.

8. Section 3O7 of IPC reads as follows: "Attempt to murder.- Whoever does any act with such intention or knowledge, and under such circumstalces that, if he by that act caused death, he I 4 JAK,J Crl.P.No.l 1500 & I li0l of202l would be guilty of murder, sha-ll be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liabie to frne; and if hurt is caused to any person by such act, the offender shall be liabte either to 1 [imprisonment for life], or to such punishment as is hereinbefore mentioned. Attempts by life-convicts.- [When any person offending under this section is undcr sentence of 1 [imprisonment for life], he may, if hurt is caused, be punished with dcath.l"

9. Section 506 of IPC reads as follo\\'s: "5O6. Punishment for criminal intimidation.- Whoever commits the offence of criminal intimidation shall be punisherl with imprisonment of eithcr description for a term which may extend to two years, or with hne, or with troth -" If threat be to cause death or grievous hurt, etc.- and if the threat be to cause death or grievous hurt, or to cause the destruction of aly property by hre, or to cause al offence punishable with death or 1 [imprisonment for life], or with imprisonment for a term which may extend to seven years, or to impute unchastity to a woman, shall be punished with imprisonment of either description for a term which may cxtend to sevcn years, or with fine, or with both."

10. Section 109 of IPC reads as iollows "1O9. Punishment of abetment if the act abetted is committed in consequence and where no express provision is made for its punishment.- Whoever abets any offencc shall, if the act abetted is comrnitted in consequence of the abetment, and no express provision is made by this Codc for the punishment of such abetment, be punished with the punishment provided for the offence. Explanation.- An act or offence is said to be committed in consequence of abetment, when it is committed in consequence of the instigation, or in pursuance of tlle conspiracy, or with the aid which constitutes the abetment."

11. Section 171-F of IPC reads as follows: "171F. Punishment for undue influence or personation at an election.- Whoevcr commits the offence of undue influencc or personation at an election shall be ------ ) JAK,J Crl.P.No.l I500 & I l50l of202l punished with imprisonment ol either description for a term rvhich may extend to one yea.r or with finc, or with both."

12. Section 294-b of IPC reads as follows: "294. Obscene acts and songs.- Whoever, to the annoyance of others, (b) sings, recites or utters any obscene song, ba-llad or words, in or nea.r any public place, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or rvith both."

13. On a perusal of the Sections 307,506, lO9, 17 l-F,294- b read u.ith 34 of IPC, it is observed that the person '*,ho has been complained of should have purported the Act. In the present complaint, the very presence of accused No.5 is not even made out in the complaint. It is only on the statement of the accused No.1 that MLA is behind his back, cannot be made a ground to rope in accused No.S/petitioner in the offence. For an offence to be attracted, the ingredients of the complaint, pima facie at least should make out an allegation, so that the offence is made out. Though, it has been held that complaint is not al encyclopedia. At least there should be some element to attract the offence. No such element to attract the offence is made out in the complaint.

14. Learned Assistant Public Prosecutor for respondent- State has placed on record a linal report presented in Court 6 JAKJ Crl.P.No.l I500 & l li0l of2023 of Judicia-l First Class Magistrate at Sirpur-T. The contents of the report are as follorl's: "The brief facrs of the case are that, on l2.ll.2O2l at 21OO hrs the complain:,rnt Sagred Fayeem S/o Amecmddin, R/o Vijaya basti, Sirsitk, Kaghaznagar came to PS and lodged a complaint arcl the contents of the complaint are that to-day on l2-ll-2o23 at 1830 hrs Sunday to disclrss about his Basti issues with Dr. RS Prar.een Kumar. BSP pa-rty contesting candidate '"vas invited and conductrng mecting at Sirsilk chou,-rasta, while conducting BSP party meeting BRS party czrnvasing vehicle came to Sirsilk Chowrasta area by increasing sound ald caused disturbance to the mccting. Two canvasing vehicle entered into middle of the meeting of gathcring u.ith high sounds with an intention to disturb thc mccting. We requested the BRS canvasing vchicles drivers to go awa:,: from thc mccting place, but they ignorecl them. Dr- RS Praveen Kumar also requested them, but thcy not listcn. I rcquestcd the driger Aleem of c:rnvasing Yehicle B.No AP 28 TD 5575 to takc his vehicle away from thc meeting place, on that he tried attempted in commit murder him by throttling, said that Konem Konappa, Koneru Vasu were his back ald said "meeru yem pikkuntaro pikkondi" and threatcr-red. One Shabbir Hussain, Thanniru Posham, Sharath, Mustaflz Hussain who were present with him saved him otherwise he lost his livcs. While discussing Koncru Phani, Lalith, Anshuman u'ere also prcsent there and prevented him and his basli people from joining in BSP party, future election is within 15 days and attack may occurred on him and they will kill him, still his neck is paining. He requested for action against driver Aleem who tried and attcmpt to kill him. Koneru Konappa, Koneru Vasu, Koneru Phani, Lalith, Anshuman who were behind the driver Aleem. The driver tried to kill him by throttling and his behind supporters to register a case against them. He poising life threat from Koneru Konappa, Koncru Vasu and their followers, they restricted his freedom of speech to speak with the party leaders came to him, also seized his freedom of voting to his favorite Party in coming elections. Requested to provide protection to his life and take action on attackers and suppofts. On receipt of the above report from LW-l, LW-8 had registered a case in Cr No.232 /2023 U/Sec 307,506,109,17 l-F,294 r/w 34 and issued FIR, Original FIR sent to Hon'ble court and copies to all thc concerned ofhcers and investigated into. 1 7 JAK.J Crl.l'.No.11500 & l l50l of202l Dudng the course of investigation, LW-8 examined the LW- I recorded his detailed statement in part-Il case diary U/Sec. 161 Cr.P.C. On 13.12.2O23 LW-8 visited the sccne o[ offence, situated at Sirsilk, (Vijayabasti chowk), Kaghaznagar examined the independent eye witnesses LWs 2 to 5 who's shops located in front of the incident place, recorded *reir statements in part-Il case diary u / s L61Cr.P.C. LW-8 observed the scene of offence in presence tu,o mcdiators LWs 6 & 7, noted the crime details on Crime Detail Form, drafted the rough sketch of scene of offence on separatc page in presencc of same above mediators. F-rom the investigation done and evidence collected so far ir is come to know that in view of elections to TSLA, on l2-ll-2o23 at 1830 hrs Sunday Dr. RS Praveen Kumar, BSP partt contesling candidate was conducting meeting at Sirsilk chowrasta Vijaybasthi, while conducting BSP party meeting BRS party canvasing vehicle came to Sirsilk Chowrastir, Vijaybasthi area by increasing sound and caused disturbance to the meeting and stopped at some distancc from the corner meeting. On seeing the BRS canvasing vehicles the complainant requested the driver to go away from t}le meeting place, but he ignored him. Dr. RS Praveen Kumar also requested by announcing through mike to left the place, but they not listen. mean time some of the BSP partl' workers were went to the BRS campaign vehicle and removed the flags of BRS party, break the wires, and damaged the mike set with pelting stones, beat the driver with hands, BRS driver with fear left the place with his campaign chariot. In this issue a counter casc was registered in PS Kaghaznagar-T, PS vide Crime No.23412023. As per collected evidence and strength of the independent eye witnesses LWs 2 to 5 are established that, alleged accused A1 is the driver of BRS canvasing vehicle B.No AP 28 TD 5575, a-lleged accused Al didn't attempted to commit murder to LW-O1 by throttling, the alleged accused AI to 46 are not committed any. On the request of Dr. RS Praveen Kumar, the BSP party workers were went to the BRS campaign vehicle and removed the flags of BRS party, break the wires, and damaged the mike set with pelting stones, beat the alleged accused A1 (driver) with hands, BRS alleged accused A1 (driver) with fear left the place with his campaign chariot. Thereafter, immediately police force went there. Then after completion of BSP party campaign meeting, they also left from there. The LW-OI made a plan to implicate BRS Party leaders in criminal case, due to political revenge and old political enmities between the both I 8 JAK,J Crl.P.No.l1500 & t l50l of2023 parties, the LW-O1 filed false report against alleged accused Al to A6. On requisition SDPO, Kaghaznagar accorded permission to refer the case as "False" vide proceedings No.08/ SDPO/2O24, Dt.Os.O 1.2024. In the abovc circumsternces the case is referred as "False" and hnal report submitting in the Hon'blc Court wrth a pray to issue final proceeding accordingly. Hencc, the final report."

15. In view of the report filed before the concerned Judicial First Class Magistrate, this Court is of the opinion that proceedings in FIR No.232 of 2023 on the file of Kaghaznagar Town Police Station, Kumarambheem Asifabad, qua petitioners/ accused No. 1 to 6 eire liable to be quashed and are accordingly quashed

16. For the aforesaid reasons. these Criminal Petitions erre a-11owed. Miscellaneous applications pending, if any, shall stand closed. \ //TRUE COPYi/ SdI P.C. SULEKHA DEVI ASSISTANT REGISTRAR ,. J,, SECTION OFFICER 1 . The Judicial First Class Magistrate at Sirpur-T. 2. The Station House Officer, P.S. Kagaznagar Town, Kumarambheem, Asifabad.

3. One CC to SRl. V YADU KRISHNA SAINATH, Advocate [OPUC] 4. Two CCs to the Assistant Public Prosecutor, High Court for the State of Telangana, at Hyderabad [OUT]

5. Two CD Copies To, o- TL HIGH COURT DATED:28/1 0/2025 THE S l4 c I a^ ,,) 2 4 uru ZtZn -y> COMMON ORDER CRLP.Nos.11500 and 11501 ot 2O23 o <. t I * I I I I I I ALLOWING BOTI{ CRIMINAL PETITIONS. R6