The High Court · 2025

pleased to grant stay of all further proceedings in C.C. No. 2712019 on the file of The Honble Additional Judicial Magistrate of First Class at Karimnagar, Karimnagar District, State of Telangana, for the offences punishable under Sections 143,341,153-A, 506 r/w 149 of the lndian Penal Code, 1860 including personal appearance pending disposal of the above Criminal Petition and grant. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Naraparaju Avaneesh, Advocate for the Petitioner and the Mr- E. Ganesh, Assistant Public Prosecutor on behalf of the Respondent No.'l and of None qppeared for the Respondent No. 2. The Court made the following: ORDER THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL CRIMINAL PETITION No.1O819 OF 2022 ORDER: The present Criminal Petition is filed under Section 482 of Cr.P.C. by the petitioner/accused No.4, seeking to quash the proceedings against him in C.C.No.27 of 201.9 pending on the file of learned Additional Judicial First Class Magistrate, Karimnagar, registered for the offences punishable under Sections 143, 341, 153 A, 506 rlw 149 ol Indian Penal Code.

2. Heard learned counsel for the petitioner and Mr.E.Ganesh, Iearned Assistant Public Prosecutor appearing for respondent- 1/ State. No representation on beha-lf of respondent No.2. Perused the record.

3. The brief facts of the case are that on 06.08.20i7 at around 7:30 p.m. at Chintakunda Village near Maneru dam bridge, a fight was going on between Hindu-Muslim groups and on the instructions of Sub-Inspector of Police, the de-facto complainalt/Assistant Sub-Inspector of Police reached the site of dispute along w'ith PC 768, Md.Balaram, J H 2 EW,J Crl.P.No.l08l9 of 2022 S.Sai Krishna, HG-17 at around 7:50 p.m. It is alleged that when the 2"d respondent has reached the place, some Hindu group members have illegally grouped up and threatened the Muslim group members, who were grazing their cattle saying that the Muslim group members were trying to slaughter cattle on the occasion of Bakrid. It is alleged that the Hindu group members turned a deaf ear to the words of 2"d respondent, who was trying to pacify arrd control the situation between both the groups. It is further stated that when the 2.d respondent has verified the cattle present over there, a-11 the cattle at the location was bulls and there were cows. It is stated that the 2"d respondent has pacihed both the groups and at around 10:OO p.m dispersed both the groups from the said location. It is further stated that on 07.08.2017 the 2"d respondent came to know that one Parunandi Saiteja was spreading fake videos on his face book through his ceil phone bearing No.8OO859O79O with al intention to create enmity between Hindu-Muslim groups. Basing on the complaint made by the 2"4 respondent, a case was registered in Cr.No.113 of 2Ol7 on the file of Kothapally Police Station for the offences I 3 DW,J Crl.P,No.l06l9 of 2022 punishable under Sections 143, 341, 153-A, 506 r/w 149 of Indian Penal Code. After completion of investigation charge-sheet was laid against the accused and the same was taken on file as C.C.No.27 of 2019. on the file of learned Additional Judicial First Class Magistrate, Karimnagar and the present Criminal Petition is filed seeking to quash the said calenda-r case.

4. Learned counsel for the petitioner/A4 contended that the allegations levelled against the petitioner herein are completely false and baseless and there is no iota of truth 1n the complaint lodged by the 2"d respondent and the petitioner never threatened or insulted nor spread any fa-lse information for the purpose of creating enmity between groups in any marner and as a matter of fact the petitioner was mitigated by the other group ald the 2"d respondent has concocted ald foisted the present case against the petitioner only for the sake of harassing the petitioner, which is nothing but an abuse process of law.

5. It is further contended by the learned counsel for the petitioner that the petitioner came to know through his ) 4 EryT Crl,P.No.108l9 of2022 friends that few persons were trying to transport cows and bulls illegally in view of Bakrid festival and the petitioner went to said location accompanied by his friends wherein they observed that few people \vere trying to transport cows in a barbarous and illegal manner and when questioned by the petitioner ard his friends, who were arrayed as accused in the subject crime, few persons namely Md.Muzafar, Syed Ali and others attacked the petitioner and his friends and aggrieved by the same, the petitioner being a good Samaritan has in fact called the Police and against his complaint, the Police have arrived at the said location but to his utter dismay, the 2"d respondent has lodged the complaint against the petitioner herein and other accused and it is Iirmly believed that the said complaint has been lodged at the behest of loca1 ruling party leaders.

6. It is further contended that the petitioner herein is a local resident and he is not af{iliated with any political party ard it is vehemently submitted by the petitioner that he never indulged in any kind of anti-social activity for the 5 EVY,J C .P.No.10819 of 2022 sake of creating enmity between groups and arly kind of acts, which disturbs communal harmony. [t is further contended that the petitioner has been falsely implicated in the subject crime with a malalide intention to harass the petitioner herein. He further contended that no material is placed to prove alleged charges agajnst the petitioner herein and the present compiaint is filed only to harass the petitioner with the support of local politicians, which is abuse of process of law. To substantiate his claim learned counsel relied upon the decision rendered by the Hon''ble Supreme Court in Mantzar Sageed Khan as State oJ Maharashtrq dnd another.l Hence, he seeks to allow the Criminal Petition. 7 - On the other hand, learned Assistant Public Prosecutor submits that unless and until full-fledged trial is conducted, the truth cannot be elicited and interference of this Court at this juncture is unwarranted. Therefore, he seeks to dismiss the Criminal Petition. ' atn 2oo7 scc 2ozq / I 6 EryJ Crl.P.No.10819 of 2022

8. A perusal of record reveals that general allegations are levelled against the petitioner herein and no specific and distinct allegations are made against him. In the absence of any specific role attributed to the petitioner/A4 it would be unjust if he is forced to go through the tribulations of the trial for the offences under Sections Sge+ions 143,341,153-A,506 r/w 149 of the Indian Penai Code, 1860

9. Having regard to the submissions made by the learned counsel and upon careful consideration of the material available on record, this Court is of the view that there is no prima facie case made out disclosing the a-lleged offences and there are no bona hdes to file the above complaint and hence, it is liable to be quashed. Unless appropriate orders are granted, the Petitioner will be put to grave prejudice and irreparable loss, as such it is a fit case to quash the proceedings against the petitioners/A4 1n C.C.No.27 of 2Ol9 pending on the file of learned Additional Uudicial First Class Magistrate, Karimnagar. Accordingly, the proceedings in C.C.No.27 of 2019 pending on the file of 7 EryJ Crl.P.No.l0819 of 2022 learned Additional Judicial First Class Magistrate, Karimnagar against the petitioner /A4 are concerned are hereby quashed.

10. Accordingly, the Criminal Petition is allowed. Miscellaneous Petitions, pending if any, shall stand closed. To, ASSISTANT REGIST SD/- V KAVITHA R ,TRUE COPY// SECTION OFFICER

1. The Additional Judicial First Class Magistrate at Karimnagar, Karimnagar District.

2. The Station House Officer, Kothapally Police Station, Karimnagar Police Station

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

4. One CC to Sri Naraparaju Avaneesh, Advocate [OPUC] 5. Two CD Copies 6. The Judicial First Class Magistrate at Karimnagar. DL/psl V1"- HIGH COURT DATED:05/03/2025 ORDER CRLP.No.10819 of 2022 F.E SiA i oA (J 1- c; ,a\ I r_! 0 3 APl' 2[25 I t)€5p41gtl 6O ALLOWING THE CRiMINAL PETITION 1 cod-A -ry{.