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 call for records of CC. No. 78412018 (Crime No. 12112017 dL- OOlOgl2017 of Nandipet P.S.) from Junior Civil Judge- Cum- Additional Judicial First Class Magistrate, Armoor and Quash the same in the interest of justice as otherwise, Petitioners will suffer irreparable damage and hardship which cannot be compensated in any mode l.A. NO: 1OF 2024 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 pass interim order of stay of all further proceedings including appearance of the Petitioners in CC.No. 78412018 (Crime No. 12112017 dt- 0610912017 of Nandipet P.S.) from Junior Civil Judge -Cum -Additional Judicial First Class Magistrate, Armoor, pending the above Quash Petition :$fl:-H7,r This Pet tion coming on for hearing, upon perusing the lvlemorandum of Grounds of c'iminal Petition and upon hearing the arguments o, Sri sHAFATH AHMED KHAN .A,dvocate for the Petitioners and the SUREF,ALL PRASHANTH ASSISTANT PIIBL lC PROSECUTOR on behalf of the Sole Resporrdent. The Court made the following: ORDER '.i't THE HON'BLE SHRI JUSTICE ANIL KUMAR JUI{ANTI CRIMINAL PETITION No.15lO6 OF 2O24 ORDER: This Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (for short 'BNSS) by petitioners/accused Nos.6, 10, 74 and 20 to quash the proceedings against them in CC.No.784 of 2018 on the file of Junior Civil Judge-cum-Additional Judicial First Class Magistrate at Armoor.

2. Heard learned counsel for petitioners and Mr. Surepalli Prashanth, learned Assistant Public Prosecutor for respondent- State. Perused thc rnaterial on record.

3. A complaint dated 06.09.2017, rs hled by V.Anil PC-102 of Nandipet Police Station. The gist of the complaint is that one Mr Barki Mukesh uploaded a post on Facebook in which he morphed and placed a photo of Lord Hanuman idol on a mosque along with the letters of Jai Shri Ram. There was unrest between members of both Hindu and Muslim communities and they started pelting stones at each other. To disperse the mob, the police personnel reached the spot at about 8:30 p.m. A crowd of 100 mob were armed with stones. When asked to disperse immediately as it is 2 JAK, J cRl.F 15 106 2024 an unlau,f ul a.ssembly, the mob pelted stones on -h, r police by paying deaf r,'ar to the request. As a result police officers sustained blt:c Cing injuries. A few names of the p,3rsons are , recorded it'r tLLe <:omplaint.

4. Learned ,rounsel appearing on behalf o petitioners submitted t-lrart the ailegations levelled agains: them are unfoundec asr l)roper identification calnot be macte in a mob of 100 that pelitr ()ners/ accused involved in pelting st,)nes. It is further subn'rit,1r:cl that 3 FIR's came to be lodged rn,: after the other in differer-rt Police Stations within a span of h.llf and hour. Petitioners qr:r't: shown as accused in all the above 3 cases and one of the cas;e rr,as registered as S.C.No.52 of 2O2t) or. the file of Assistant -Sesr;ior-rs Jude, Armoor. The trial Court by o: der, dated 3I.lO.2O2::', .n SC.No.52 of 2O2O acquitted all th,: accused persons incluclng petitioners herein on the ground of lack of identification r:f specihc persons who pelted stones. It is further submitted thrrt Cr1.P.Nos.l1165 and 11766 of 2a2i are hled before this Clor,rrt by some other accused persons 1o quash the proceedings :u;airst them in CC.No.784 of 2018 ani tlC.No. 175 of 2O2 1. This C<,urt by common order, dated 28.71.2A2a:, quashed the proceerlirlq-s against ac.9u9ed rn CC.No.784 of 120i8 and in 3 ]AK, ] CRLP t5106 202.1 o CC.No.775 of 2021. Petitioners/accused herein zrre arrayed as accused in CC.No.784 of 201g. Hence, the proceedings against them in CC.No.784 of 2018 be quashed.

5. Learned Assistant Public prosecutor appearing on behalf of state has submitted that there are specific allegations rvith regard to a mob trying to disturb the peace and harmony of the societ5z. That identihcation of certain persons involved in mob was done by the local police constable and it is only on such identification, the accused/petitioners were named in the charge sheet and that it is a fit case for tria-l and no interference is necessitated as peace and harmony in the society is utmost of importance and the same cannot be disturbed under any circumstances. It is further submitted that there were eyewitnesses to the entire incident a,d the trial may be continued against the accused/petitioners.

6. Hear-d learned counsels, perused the record and considered the rival submissions.

7. On 06.09.2017, a complaint is frled by the by V.Anil pC-tO2 of Nandipet Police Station. In the complaint it is stated that being enraged with a Facebook post, a mob of 2 communities (Hindu and Muslim) had assembled and started pelting stones on each \\ 4 JAK, ] ]RLP i5 t06 2024 other. It is stateil in the complaint that mob of 100 p'ec'ple pelted stones at e,a.ciL rlLher, in lvhich police off,rcers susteLi;re'1 bleeding injuries. A feri lrames of the persons who peltec str)nes were identified. Chargy: sheet is filed bearing CC.No.784 ot :2018'

8. Learned t:rtunsel appearing on behalf of petitir'nt'rs invited attention o1'thrs Court to the order, dated 31.10.2Ct23, passed in SC.No.52 of 2[riZO. Petitioners/ accused herein a:e arrayed as accused in thtr above said SC. The trial Court by an order, dated 31 .1O.2023 , f rund the accused therein including petitioners,' ac: lLs;ed herein not guilty for the offenct: |unishable under Sectrons 117, ].4a,3O7,333 read with Sectior. 149 of IPC' In the cha-rge sheet which is filed herein, sections '.i3'.,1 and 324 are reflecterl. g. Be that ar' lt may, Cr1.P.Nos.11165 and 11166 o1 2023 are filed befort' t r i s Court by other accused for quar;h: ng of the proceedings algair-rst them in CC.No.784 of 2018 and in lC.No.175 of 202i. Leartr,:C Single Judge of this Court, by a co rrlnon order, dated 28.1 .2ilr'l], held as follows: " 13 . T'l-re learned counsel for the petitionet-s also r,:lieci upon the judgment of the Hon'ble Apex Court in lqbal @ Bata & Ors. Vs. Strrte of U.P. & Ors (1.)O2.! (5) Suprerne 497) wherein it was helci that: ) I i I I I I I I i I 7i '/,- 5 ]AK, J CRLP 15106 2024 "10. At. this stage, we would like to observe something importa:nt. Whenever al accused comcs before the Court invoking either the inhcrent powers under Section zi82 of the Code of Criilinal Procedure (CrpC) or extraordinary jurisdiction under Article 226 , of the Constitution to get the FIR or the climinal proceedings quashed essentiaJly on thg ground that such proccedings arc manifestly frivolous or vexatious or instituted with the ulterior motive for wreaking vengeance, then in such circumstalces the Court owes a duty to look into the FIR with care ald a little rnore closely. We say so because once the complainalt decides to proceed against the accused with an ulterior motive for wreaking personal vengeance, etc., then he would ensure that the FlR/complaint is very rve1l draJted with all the necessary pleadings. The compla_inalt would ensure that the averments made in the FlR/complaint are such that they disclose the necessary ingredients to constitute the alleged offence. Therefore, it will not be just enough for the Court to lock into the averments made in the FlR/complaint alone for the purpose of ascertaining whether the necessar5r ingredients to constitute the alleged offence are disclosed or not. In frivoious or vexatious proceedings, the Court owes a duty to look into many other attending circumstalces emerging from the record of the case over and above the averments and, if need be, with due care and circumspection try to read in between the lines. The Court while exercising its jurisdiction under Section 482 of the CrPC or hrticle 226 o[ the Constitution need not restrict itself only to the stage of a case but is empowered to take into account the overall circumstalces leading to the initiation/ registration of the case as well as the materials collected in the course of investigation. Take for instance the case on hand. Multiple FIRs have been registered over a period of time. It is in the background of ) I JAI(, J iiRt.P 15106 2024 n 6 ,such cjrcumstances the registration of multipl': IrJRr; rssumes importalce, thereby attracting r.he' i;s-.:c of wreaking vengeance out of privat': r:rr pcrsonal grudge as alleged." 14 'fnus these were not cases of rvreaking vengeanc.r) ir-rt of private or personal grudge, but consid 3rrIq .Lll the other attending circnmstances wherein tlr ce cases were regi.stered one aftel' the other ',vit.hirr a time span of half an hour gap ir.t between t h r: tn at three different places wherein the names of li),r petitioners were cited as accused irl all the above three cases and the most severc case among th:nr tried as S.c.No.S2 of 2O2O resulted irr acquitt.al cl ell the accused persons including the present nr:r itioners herein due to lack of identificzrt ror of specihc persons who pelted stones on th(r orlrc e personnel from out of the mob c'f aroun,:l L -'l(- persons ald the result of the prr:sent calenci ar l-ilses is also likel5' to be on the same lines resulting irt ,vaste of the precious time of the Court ald c,:nsi,lering that the petitioners are rnoving aroun<l ilr,: liourt for the past more than 5 vears withol:t trirrl bcing commenced by ruining their caree|i rrl ernploymenl opportunities, rt is considereo frt to quash the proceedings against the pctitioners n C.C.No.784 of '2018 (arising ou,t Crime Nr I2 L of 2Ol7 of P.S. Nandipet) anC C.C.N,:r,l','r-- c'tt 2O2l (arising out Crime No.122 ol 2Ol7 tf P. :i,. Nandipet) on ttre file of the Junior Civil Court - (:rtm - Additional Ju.dicial First Class Magis raIe. Armoor." 1 O. IJaving pc .' rsed the entire factual matrix of rlLe case, this Court deerrLs it rppropriate that the proceedings in OC No.784 of 20 18 on ttre irle of Junior Civil Judge-cLrm Additrcnzrl Judicial First Class M lgistrate, Armoor, against petitioners/- ac cused a-re liable to be quashed and are hereby quashed. Neerlles,l to state, ?.\,4 / 7 JAI'- J CRLP 15106 2024 this Court is not inclined to differ from the opinion of the order, dated 28. 11.2023, passed in Crl.P.Nos.1 1 165 and 11166 of 2023 and trial Court's order dated 31.10.2023, passed in SC.No.52 of ( 2O2O. The trial Court had elaborate trial and held that all the accused are not guilty for the offences. It is a-lso observed that Section 307 of IPC was filed in SC.No.52 of 2O2O which is grave offence. For reasons aforesaid, this Court is of the view that continuance of proceedings against petitioners/ accused Nos.6, 10, 14 and 2O in CC.No.7B4 of 2078 on the hle of Junior Civil Judge-cum-Additional Judicial First Class Magistrate at Armoor would amount to abuse of process of law and are liable to be quashed and are accordingly quasheci. 1 1. Criminal Petition stalds allowed Miscellaneous applications pending, if any, shall stand closed To, //TRUE COPY// -,--"- IL -6. .- .- Sd/. MOHD. ISMAIL DEPUTY REGISTRAR \ SECTION OFFICER

1. The Junior Civil Judge -Cum -Additional Judicial First Class Magistrate, Armoor Nizamabad District

2. The Station House Officer, Nandipet Police Station Nandipet Nizamabad District

3. One CC to SRI SHAFATH AHMED KHAN Advocate [OpUC] 4. Two CCs to Public Prosecutor, High Court for the State of T6langana at Hyderabad [OUT]

5. Two CD Copies vMlk2m L/ tL/ HIGH COURT DATED:10/04/2t12 5 I ORDER CRLP.No.1 510€i af 2024 /::a'= oa lHrt : Ll/ ( ( Q '.) a 'L ?1 irii,r 2025 ( ( ( * t le'.s:,., -.. *:--. ; ,. o I I I , I i I ; I ALLOWNG THI: CRIMINAL PETITION / / / ,/.4