The High Court · 2025

The State of Telangana,, Rep by its, Public Prosecutor, High Court of Telangana HYderabad. Telangana. G Shankar. S/o G. Krshan, Age.6O Occ Dy EE (circle 13 Karwam)' R/o flat no'193, Road no 3, Meenakshi estate, Jedimetla, Hyderabad, Telangana' ...RESPONDENT/COMPLAINANT PetitronunderSection52SofBNSSprayingthatinthecircumstances stated in the Memorandum of Grounds of criminal Petition, the High court may be pleased to Call for the records pertaining to thglS9 sheet vide CC 11091/2023 on .TMETROPOLITAN MAGISTRATE At HYDERABAD iNC tiIC Of VIII ADDL. CHIEF quash the same. t.A. NO: 2 0F 2024 Petition under Section 482 of Cr.P C PraY ing 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 in Charg e sheet vide CC 1109112023 on the file of Vlll ADDL, CHIEF METROPOLITAN MAGISTRATE at HYDERABAD for the offences u/s 341, 290, 171-H, 151, R/w. 34 lPC, 21t76 CPA, including the appearance of the Petitioner 1/Accused No 2, Petitioner 2/Accused No 4 before the said Court This Petition comlnq on for hearing'upon perusino the Memorandum of of Sri AASHIR Grounds of Criminat p",,,i'",i'r"i'.;;; h;;;rg tie "roiments MEHTAB KHAN ,Advoca,."i"' ir'" Flitiio"", ,n"d sri nftun ruvtRR, Additional i]rJri" pio"""rtor on behalf of the Respondent No 1 The Court made the following: ORDER -7 THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.15642 OF 20124 ORAL ORDER: This Criminal Petition is hled praying this Court to quash the proceedings initiated against thr: petitioners/ accused Nos.2 and 4 in CC.No.1 1091 of 2023 on the file of the VIII Aciditional Chief Metropolitan Magistrate, at Hyderabad. registered for the offences punishable under Sections 341, 29O, t7l(H), 151 r/w 34 of IpC, and Section 2t 176 of HCp AcL.

2. The brief facts of the case of prosecution are that on November 6, 2023, at 12:45 hours, a bike rally u,as organized by Mohammed Abdul Salam Shahid in Hyderabad, commencing from Jalaal Sweet House, Old Malakpe t, and proceeding through various locations, including Chanchzrlguda Junior Collcge, Fathekhan Bazar, Dabr:erpura Briclge, City Function Hall, Chanchalguda, and New Road Chanchalguda. Despite obtaining permission from the Returning Officer, Sg-Malakpet constituency, for a rally of 400 members, the event exceeded the permitted capacity w.ith over g00 participants, resulting in the obstruction of frec traffic flow for approximately 3O minutes. Furthermore, in contraventron of 2 SI{S. J CrLP.No.I5642 OF 2024 prohibitory orders, crackers were fired at City Function Hall, Chanchalguda, with visual evidence captured on camera. The said rally and its related incidents constitute violations of the Model Code of Conduct (MCC) and the instructions stipulated by the - Returning Officer, prompted G. Shankar, Dy. E.E., to submit a complaint on November 6, 2023, at 16l.20 hours, seeking requisite action. The petitioners being aggrieved by their implication in the said case, hled this criminal petition.

3. Heard Sri Aashir M.Khan, Iearned counsel for petitioners, and Sri Arun Kumar, learned Additional Public Prosecutor appearing for Respondent No.1 - State Learned counsel for petitioners submitted that there are no 4. speciflc set of allegations against the petitioners and that particularly the offence punishable under Sections 341 and i71 (h) of IPC are not at all attracted to the petitioners. He contended that the role of petitioners was limited to the extent of bursting frre crackers and except that allegation, there are no allegations against the petitioner. He asserted that the permission for rally was taken by Al and that petitioners were no way connected to the said rally ald that they have not even participated in the rally' As such' while advocating that the petitioners are no way connected with c-1yr' ,.' SKS, J Crl.P No.156'12 OF 2024 the offence as allcged, he prayed this Court to allow the criminal petition, quashing the proceedings initiated against the petitioners in CC.No.1lO9I of 2023.

5. On the other hand, the learned Additional- Public Prosecutor for respondent, opposed the submissions made by lcarned counsel for petitioners and submitted that the offence punishable under Sections 290 and 171(h) of IPC are non-cognizable offences and that Section 3zl 1 of IPC is cognizabie offence. He averred that with respect to offence punishable under Section 171(h) of IPC, the concerned Officer has to hle complaint before the concerned Court, and not before the Police. Therefore, hc prayed this Court to dismiss the criminal petition.

6. Having regard to the rival submissions made and on going through the material placed on record, it is noted that the averments made in the compiaint, as well as, in the charge sheet, would show that A2 to A9, i.e., including petitioners/A2 and A4, busted firecrackers which is prohibited and in violation of the Model Code of Conduct. However, it is seen that even as per chargesheet averments, there are no allegations against the petitioners to constitute the offences punishable under Sections 171(h), 341 and 29O of IPC. The act of bursting crackers not at all \ 4 SKS, J Crl P.No.156a2 OF 2024 r) attracts any of ttre offences as alleged against the Petitioners. Further, there are no allegations against the petitioners to show that they exceeded the permission granted by the authority which was obtained by Ai.

7. In the light of the above, this Criminal Petition is allowed and the proceedings initiated against the petitioners in CC.No.11091 of 2023 on the file of the VIII Additional Chief Metropolitan Magistrate, at Hyderabad, are hereby quashed. Miscellaneous applications, if any pending, shall also stand closed To, SD/. A.SREENIVASA REDDY ASSISTANT REGISTRAR //TRUE COPY' w\ttu SECTION OFFICER

1. The Vlll Additional Chief Metropolitan Magistrate, at Hyderabad. 2. One CC to SRt, AASHTR MEHTAB KHAti Advocate [OpUC] 3 Two ccs to the pubric prosecutor, High court for the state of r.lrngrn", 4. Two CD Copies Hyderabad. [OUT] PI\4/PSI- 4,/ // HIGH COURT DAf ED:.1210312025 ORDER CRLP.No.15642 of 2024 oF t 5 (j r c _l ?0 ;;,^u pg, * Dtsp,1TCH ci {: 'r{ ALLOWING THE CRIMINAL PETITION v /",.t g,/r// 5