HIGH COURT FOR THE STATE OF TELANGANA AT HYHDERABAD

FRIDAY, THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY THREE

PRESENT

THE HONOURABLE SRI JUSTICE K.SURENDER

CRIMINAL PETITION NO: 1606 OF 2021

Between:

• 1. Abdul Jabbar, S/o. Abdul Qaliq, Aged about 39 years, Occ Pvt. Employee, R/o.H.No. 9-4-77/A/38, Al Hasnath Colony, Tolichowki, Hyderabad.
• Nazeebuddin Mahmood @ Najeebuddin Mohammed, S/o. Mohammed Mujeebuddin, Aged about 39 years, Occ Pvt. Employee, R/o.H.No. 8-1-299/B/27, Madhura Hills, Shaikpet, Golconda, Hyderabad.

...PETITIONER/ACCUSED(S)

AND

• 1. Shaik Buran, S/o. Shaik Mahaboob Ali, Aged about 35 years, SI of Police, Aşifnagar Police Station, Hyderabad.
• The State of Telangana, Rep by its Public Prosecutor, High Court for the State of Telangana at Hyderabad.

...RESPONDENT/COMPLAINANTS

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 quash the proceedings in C.C.No. 4724 of 2020 on the file of the I Additional Chief Metropolitan Magistrate at Nampally, Hyderabad against the petitioners, in the interest of justice.

I.A. NO: 1 OF 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 all further proceedings including the appearance of the petitioners in C.C.No. 4724 of 2020 on the file of the I Additional Chief Metropolitan Magistrate at Nampally, Hyderabad, pending disposal of the criminal petition and pass such other order or orders as this Court may deem fit and proper in the circumstances of this case.

and the state

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Pitition and upon hearing the arguments of Sri C.Sharan Reddy. Advocate for the Petitioner and the Public Prosecutor (TG) on behalf of the Respondent No.2 and of Sri P. Prem Kumar, Advocate for the Respondent No.1.

The Court made the fo owing: ORDER

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.l5o5 OF 2O2l ORDER:

This Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') is filed by the petitioners/Accused Nos.7 and 8, rvho are questioning the continuance of criminal proceedings against them in C.C.No.4724 of 2O2O on the file of I Additional Chief Metropolitan Magistrate at Nampally, Hyderabad, registered for the offences under Sections 341, 188, 353 read with 34 of Indian Penal Code, 186O ('for short the IPCJ.

2. Briefly, the case of the prosecution is that LW-l who worked as Sub-Inspector of Police, Asif Nagar Police Station, along with other Police personal went to Meraj Cross Road, Mehdipatnam, and they saw that some persons were protesting against National Register for Citizenship (NRC), Citizenship Amendment Act (CAAI and National Population Register (NPR), when questioned accused No.1 allegedly man handled A. Uma, who was a Sub-Inspector of Police and pulled her shirt. For the reason of said protest the Police have taken down the names of 08 persons. In the charge sheet filed it is stated that accused No.l is liable for the offences

under Sections 341, 118 read with 34 of Indian Penal Code, 1860. However, these petitioners committed an offence under Sections 341, 188 and 353 of read with 34 of Indian Penal Code, 1860.

3. The of ence under Section 181 of the IPC, 1560 cannot be proceed against these petitioners since bar is prescribed under Section 195 A(I) of Cr.P.C, unless the concerned Public servant files a privat complaint, the prosecution cannot be maintained on charge sheet

4. Section 341 of I.P.C is an offence punishable for wrongful restraint. In the entire complaint and the statement of witnesses none of the witnesses have stated that these petitioners have voluntarily prevented any person from proceeding in any direction. The said ingridients are not made in the present case

5. The lea ned Public Prosecutor submits that the presence of these petitionets and others created obstruction to the free flow of traffic. The said argument cannot be accepted. The requirement as already stated is that person should have deliberately obstructed a person from proceeding in any direction. Since none of the ingredients under Section 341 of the IPC are made out, the proceedings against these petitioners are liable to be quashed.

Accordingly, this Criminal Petition is allowed and the 6. proceedings of petitioner/accused No.7 to 8 in C.C.No.4724 of 2020 on the file of I Additional Chief Metropolitan Magistrate at Nampally, Hyderabad are hereby quashed.

Miscellaneous applications pending, if any, shall stand

closed.

SD/-MOHD. ISMAIL, ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

---

To,

3

1. The 1st Additional Chief Metropolitan Magistrate, Nampally at Hyderabad 2. The Station House Officer, Asifnagar Police Station, Hyderabad

2. One CC to Sri C. Sharan Reddy, Advocate [OPUC]

3. One CC to Sri P. Prem Kumar, Advocate [OPUC] 5. Two C.Cs. to the Public Prosecutor, High Court at Hyderabad

4. Two CD Copies

HIGH COUR1

KSJ

DATED:11/08/2023

ORDER

CRLP.No.160; of 2021

Allowing the Criminal Petition