The High Court · 2025

Commissionerate, Ranga Reddy District, represented by Public Prosecutor, High Court at Hyderabad. .. Respondent

2. Sri. D. Srinivasa Rao, Sub-lnspector of Police, P.S. Hayathnagar, Rachakonda Commissionerate, Ranga Reddy D'tstrict. ...RESPONDENT/DE- FACTOCOMPLAINANT Petition under Section 528 ot B.N.S.S. 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 charge sheet in C.C. No. 2O9O of 2023, on the file of Hon'ble XIV Additinnal Judicial Magistrate of First Class, Ranga Reddy District at Hayathnagar as against the petitioner/Accused No 5. l.A. NO: 2OF 2021 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 stay of all further proceedings including appearance of the petitioner/Accuge! No. 5 in C.C. No. 2090 ot 2O23, on the file of Honbb XIV Additional Judicial Magistrate of First Class, Ranga Reddy District at Hayathnagar. This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the argurnents of Sri K. VENUMADHAV ,Advocate for the Petitioner and Sri Jithender Rao Veeramalla, Addilional Public Pro,secutor for the Respondent No. 1 and none appeared for Respondent No. 2 The Court made the following: ORDER THE HONOURABLE SMT. JUSTICE JUVVADI SRIDEVI CRIMINAL PETITION No.14284 of 2024 ORDER: This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short 'BNSS'), by the petitioner/accused No.5 to quash the proceedings against him in C.C.No.2090 of 2023 on the file of XIV Additional Judicial Magistrate of First Class, Ranga Reddy District at Hayathnagar, pertaining to Crime No.1287 of 2022 of P.S. Hayathnagar, registered for the offences punishable under Sections I88 of IPC, 8(c), 20(b) (ii) (A), 25, 27 and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'Act, 1985'), Section 2l/16 of City Police Act and Section 34(a) of T.S. Excise Act.

2. Heard Mr, K.Venumadhav, learned counsel for the petitioner and Mr. Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the State and perused the record. 2 ls,I Crl.P.No.74284 of 2024

3. Basing on the complaint, dated 03.12.2022, that accused have celebrated the birthday party of accused No.6 in the late night hours with D.J. sounds, by consuming liquor and creating nuisance, without obtaining permission from the concerned authorities, a case in Crime No.1287 of 2022 was registered against the petitioner and others. After completion of investigation, charge sheet was filed, cognizance was taken and the case was numbered as C.C.No.2090 of 2023 for the aforesaid offences.

4. Learned counsel appearing for petitioner submits that the petitioner is innocent and has been falsety implicated in the case. He further submits that Section 195(l)(a) of Cr.p.C. bars taking cognizance of the offence under Section 188 of IpC, except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate. He further submits that though the petitioner has not attended the said party, merely being the friend of other accused and basing on the confession of co-accused, he was 3 ls,1 Crl.P.No.14284 ol2021 falsely implicated in the case. There are no specific rlllegations against the petitioner, except stating that he has fled away frorn the scene by jumping from the compound wall' [n support of his contention, learned counsel relied on the judgment of the Hon'ble Supreme Court in Tofon Singh v. Stute of Tantil Nadut, wherein, it was lteld that the confessional statements recorded under Section 67 of the Act, 1985, will remain inadmissible in the trial of an offence under the Act, 1985. Hence, he prayed to quash the proceedings against the petitioner.

5. On the other hand, learned Additional Public Prosecutor opposed the petition stating that specific allegations are levelled against the petitioner and the truth or otherwise of the allegations levelted against the petitioner can only be known after conducting full-fledged trial before the trial Court, and hence, prayed to dismiss the petition. 6 Having heard both sides and perused the material on record, it is apparent that there are no specific allegations against the ' (2021) 4 scc I 4 ls, I Crl.P.No.142B4 ol2O21 petitioner to show that he has imported or exported or transported or manufactured or collected or he was found in possession of any intoxicate or he refused or opposed or disobeyed any direction of Police, except stating that he fled away from the scene by jumping from the compound wall. As seen from the averments ofthe charge sheet, during the course ofinvestigation, the Police have not conducted any medical test on the petitioner to show that he is in habitual consumption of any narcotic substance. Under Section 195(a)(l) of Cr.P.C., the Court is in fact prohibited from taking cognizance of offence punishable under Section 188 of IPC, unless it is filed by the concerned public servant. Furthermore, the petitioner was arrayed as accused in the case basing on the confession statement of co-accused, which is inadmissible in the trial of an offence under the Act, 1985, as per the judgrnent of the Hon'ble Supreme Court in Tofon Singh's case (supra). In the said circumstances, the continuation of proceedings against the petitioner amounts to abuse ofprocess of law and the same are liable to be quashed. -7 5 ls,l Crl.P.No.14284 o12024

7. This Criminal Petition is accordingly allowed and the proceedings against the petitioner/accused No.5 in C.C.No.2090 of 2023 on the fi[e of XIV Additional Judicial Magistrate of First Class, Ranga Reddy District at Hayathnagar, are hereby quashed. Pending miscellaneous petitions, if any shall stand closed. //TRUE COPYII Sd/. V. KAVITHA ASSISTANT REG]STRAR SECTION OFFICER To,

1. The XIV Additional Judicial Magistrate of First Class, Ranga Reddy District at Hayathnagar.

2. The Station House Officer , Hayathnagar Police Station, Rachakonda Commissionerate, Ranga Reddy District,

3. Two CCs to Additional Public Prosecutor, High Court for the State of Telangana at Hyderabad. (OUT)

4. One CC to SRl, K VENUMADHAV, Advocate IOPUCJ 5. Two CD Copies kul/gh HIGH COURT DATED:08/01/2025 ,) ,I r.1 ,/a t ORDER CRL.PETITION No.14284 ot 2021 ALLOWING THE CRL.PETITION O JAII ?W f ? OpsP4 rg r; 1', a I /