The High Court · 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 quash the proceedings against the petitioners/ Accused No..1 and 2 in c.c.No. 1458 of 2023 on the file of the special Judicial Magistrate of Flrst Class, (Excise) at Karimnagar. I i l i I I I 1 l l.A. NO: 3 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 including the appearance of the petitioners petitioners/accused No.1 and 2 in C.C.No. 1458 of 2023 on the file of the Special Judicial Magistrate of First Class, (Excise) at Ka'imnagar. This Petition coming on for hearing, upon perusing the lvlemorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Ponampelli Raiv, learned counsel representing Sri Ambala Raju, Advocilte for the Petitioners and the Assistant Public Prosecutor (TGiAP) on behalf of lhe Respondent No.1 and though notice served upon respondent No.2, none appeared on her behalf. The Court made the following Order:- THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.StSS of 2O2S ORDER: This Criminal petition is filed seeking to quash the proceedings against the petitioners/accused Nos. I and 2 in C.C.No. 1458 of 2023 on the file of the learned SpeciaJ Judicial Magistrate of First Class, (Excise) at Karimnagar, registered for the offences punishable under Sections 354 - C, 354-D and 5O4 read with 34 of the Indian penal Code, 1860 (for short1pC).

2. The brief facts of the case are that on 05.06.2023 respondent No.2 lodged a complaint at the police Station stating that that for the past few days, the pelitioners had been taking her photographs without her permission while she was performing her official duties. petitioner No.2 used to click her photos with her mobile phone and send them to her husband, who in turn circulated them in various WhatsApp groups, causing her humiliation. On 05.06.2023, during a village campaign related to the Badibata prograrnme, as directed by her higher ofhcials, she observed Y-i 2 SI(S,J Crl.P.Ito.5l55 of 2025 petitioner No.1 again taking her photographs. Whr:n she objected and questioned him about taking her photos and sharing them in WhatsApp groups, Pad ma pic<erl up a quarrel with her and abused her in filthy languirgc- Both of them allegedly claimed they had the right t o take photographs and further insulted her modesty.

3. Basing on the said complaint, the Police registered a case in Crime No. l5l of 2023 for the offences, punishable under Sections 354 - C, 354-D and 5O4 read u'.th 34 of IPC and after completion of investigation, they hlt:d charge sheet, vide C.C.No. 1458 of 2023 before the Spr:cial .Judicial Magistrate of First Class, (Excise) at Karimnagar. Aggrieved thereby, the petitioners filed the present criminal perition to quash the proceedings against them.

4. Heard Sri Ponampelli Ravi, Iearn:d counsel representing Sri Ambala Raju, learned counsel ,rp1;ezLring on behalf of the petitioner as well as Sri Rudresh Deshpande, learned Assistant Public Prosecutor appearing on behalf of respondent No.1 - State. Though notice ;etved upon respondent No.2, none appeared.on her behalf. sxs,J Crl.P.Ito.5155 of 2025

5. lrarned counsel for the petitioners submitted that the allegations leveled against the petitioners are vague and baseless. He further submitted that petitioner No.l was discharging his duties in accordance with the circular issued by the Director of School Education dated

27.O5.2O23, which directed the conduct of the Prof. Jayashankar Badi Bata Programme for the academic year 2023-2024, aimed at enrolling school-age children from

03.06.2023 to 17.06.2023. As per the said circular, school authorities were instructed to identily five-year-old children from nearby Anganwadi centers and enroll them in Government schools. In compliance with these directions, the petitioners visited the Anganwadi center, and as part of the awareness campaign, petitioner No. 1 took photographs of the Anganwadi school. He contended that there was no use of abusive ianguage and that the allegations made by the de facto complainant do not constitute any offence. Therefore, he prayed the the Court to quash the proceedings against the petitionbrs by allowing this criminal petition.

6. On the other hand, learned Assistant Public Prosecutor opposed the submissions made by the learned SKS,J C.t P.No.5 155 of 2025 counsel for tl-re petitioners stating that th( re are clear allegations against the petitioners which require adjudication, and that the police filed the charge sheet only after completion of the investigation. Therefore, at this stage, quashing of the proceedings against the petitiorers does not arise. Hence, he prayed that the Court dismiss the criminal petition. 7 . In the light of the submissions made by- both tl're learned counsel and upon a perusal of the matt:ritrl zrvailable on record, the allegations against the petitioners are that, without the permission of respondent No.2, tlLc peritioners took her photographs and shared them in a WhatsApp group. When respondent No.2 objected and qrrestioned the same, it is alleged that the petitioners abused h,:r in filth)' language. However, the documents filed by ttLe pedtioners show that they were acting in accordance with the circular issued by the Director of School Education datcd

27.O5.2O23, which directed the conduct of the Prof. Jayashankar Badi Bata Programme for the ar:aclemic year 2023-2024, aimed at enrolling school-age c rildrc:n from

03.06.2023 to 17.06.2023. As per the said circular, school r,J' ( ( 5 SKS,J Crl.P.Ito.5l55 of 2025 authorities were instructed to identify five-year-old children from nearby Anganwadi Centers and enroll them in Government schools. In compliance with these directions, the petitioners visited the Anganwadi Center, ald as part of the awareness campaign, petitioner No. I took photographs of the Anganwadi School.

8. The material on record indicates that petitioner No. 1 was discharging his official duties at the time of the incident. Except for the allegation that the petitioners took photographs of respondent No.2 and shared them in a WhatsApp group, there is no material on record to substantiate the same, and the Investigating Ofhcer has not collected any such photographs or any evidence of abusive language used by the petitioners. Therefore, this Court is of the opinion that the continuation of proceedings against the petitioners is nothing but an abuse of the process of law, ald accordingly, the proceedings against them are liable to be quashed.

9. In view thereof, this criminal petition is allowed and the proceedings against the petitioners C.C.No.1458 of 2023 !-\ \ ,_-..1 6 SKS,J Crl.F.No-515S of 2O2S on the hle of the learned Special Judicial Magis ,rate of First Class, (Excise) at Karimnagar, are hereby quashr:d. Miscellaneous applications, if any pending, shall stand closed SD/. U.SUDHA ASSISTANT REGISTRAR //TRUE COPY// KrP U1{ OFFICER SECTI To,

1. The Special Judicial Magistrate of First Class (Excise), l(arimnagar' 2. The Station House Officer, Manakondur P.S., Karimnagrr District 3. Two CCs to the Public Prosecutor, High Court for the State of Telangana, Hyderabad [OUT],

4. One CC to Sri Ambala Raju, Advocate [OPUCI 5. Two CD Copies VC/PSL D HIGH COURT DATED:1810712025 ) -1 t- ,^'il,l Iq: ,2 ftP 2tE f)e, , na* cl)EO a ORDER CRLP.No.5155 of 2025 ALLOWING THE CRLP 1,{ I