IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
UJJAL BHUYAN, J.
Akbaruddin Owaisi - Petitioner
Versus
The State of Andhra Pradesh, rep. through its Public Prosecutor and Another - Respondents
Criminal Petition Nos.2305 of 2013, 3306 of 2013, 4661 of 2013, 7084 of 2014 and 1315 of 2015
Decided On : 21-03-2022
Code of Criminal Procedure, 1973 - Section 482, 186, 201, 162 - Indian Penal Code, 1860 - Sections 153, B, 298, 121, 505, 188 - Public meeting - Inflammatory and derogatory words against religion - Religious sentiments were hurt - Petitions have been filed for quashing of complaints – Held, There cannot be multiple FIRs and consequently multiple investigations arising out of one cognizable offence - Notwithstanding clarification given in facts of that case, Supreme Court ultimately accepted prayer of petitioner and directed transfer of FIRs to Police Station, Ajmer where first FIR was registered - Court has no hesitation that FIR lodged in Crime in which charge-sheet has now been filed by police and committed to Court of First Special Sessions Court for Trial of MPs and MLAs at Hyderabad, wherein it has been renumbered is first FIR, trial of which should be continued and taken to its logical conclusion - Insofar other complaints are concerned, those would stand discontinued - Statements of complainants recorded in those cases may be forwarded to Court of First Special Sessions Court for Trial of MPs and MLAs and form part of record on basis of which learned trial Court may consider treating said complainants as witnesses in proceedings - Petitions are disposed of.
ORDER :
This order will dispose of Criminal Petition Nos.2305 of 2013, 3306 of 2013, 4661 of 2013, 7084 of 2014 and 1315 of 2015.
2. Heard Mr. S. Niranjan Reddy, learned Senior Counsel appearing on behalf of Mr. N. Naveen Kumar, learned counsel for the petitioners. Also heard Mr.C.Pratap Reddy, learned Public Prosecutor and Mr.S.Sudershan, learned Additional Public Prosecutor, for the respondent-State.
3. All the petitions have been filed under section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) for quashing of the complaints on the ground that the complaints filed relate to the same incident registered with Nirmal Police Station in the District of Adilabad in Crime No.1 of 2013.
4. In all the criminal petitions, petitioner is Akbaruddin Owaisi, who has been named as “accused” in all the criminal complaints.
5. Since Criminal Petition No.2305 of 2013 was filed first in point of time, for the sake of convenience, the facts pleaded in the said petition are adverted to hereunder.
6. On 16.01.2013, one Kaatagoni Mohan Goud as the complainant, lodged a complaint before the Judicial First Class Magistrate at Wanaparthy naming petitioner as “accused” therein. The complainant mentioned that he was a permanent resident of Wanaparthy town in the District of Mahabubnagar and a legal practitioner belonging to orthodox Hindu family. The complainant stated that on 29.12.2012, at about 7.00 p.m., while he was browsing through the internet, he came across a video in YouTube site, wherein the accused was addressing a public meeting held at Nirmal town, Adilabad District in a high pitched voice, and he had used highly inflammatory and derogatory words against the Hindu religion, Hindu Gods and Goddesses. Such utterances caused a deep sense of hurt to the complainant. His religious sentiments were particularly hurt, because the accused was a sitting MLA. Accordingly, he requested the learned Magistrate to take cognizance of the offence committed by the accused under section 298 of the Indian Penal Code, 1861 (IPC) and, thereafter to issue summons to him to stand trial.
7. On receipt of such complaint, learned Magistrate recorded the statement of the complainant. Thereafter, he passed order dated 23.01.2013 holding that there was a prima facie case to take cognizance of offences under Sections 153, 153-B and 298 of I.P.C. The said complaint was registered as C.C.No.19 of 2013. Following the same, the learned Magistrate issued summons to the accused, i.e., the petitioner, for appearance on 15.03.2013.
8. According to the petitioner, in respect of the same alleged speech made by him at Nirmal in Adilabad District, police of Nirmal Police Station had already registered a crime against the petitioner on 02.01.2013 being Crime No.1 of 2013 under Sections 153-A and 121 of the Indian Penal Code, 1860 (IPC).
9. Contending that filing of subsequent complaint is nothing but an attempt to harass the petitioner, besides being an abuse of the process of law, the present criminal petition came to be filed.
10. This Court, by order dated 26.03.2013, had issued notice and stayed further proceedings in C.C. No.19 of 2013 on the file of Judicial First Class Magistrate at Wanaparthy.
11. Thereafter, Criminal Petition No.3306 of 2013 came to be filed by the petitioner for quashing of the proceedings in C.C.No.21 of 2013 on the file of II Metropolitan Magistrate, Cyberabad at L.B.Nagar. Here also it is contended that the complaint made in C.C.No.21 of 2013 relates to the same incident covered by Crime No.1 of 2013 registered before the Nirmal Police Station. This Court, by order dated 18.04.2013, had stayed further proceedings in C.C.No.21 of 2013.
12. Thereafter, Criminal Petition No.4661 of 2013 came to be filed by the petitioner assailing C.C.No. 314 of 2013 on the file of VII Additional Chief Metropolitan Magistrate at Hyderabad on the same ground pertaining to the alleged speech of the petitioner at Nirmal, which is subject matter of Crime No.1 of 2013
Akbaruddin Owaisi vs. Government of A.P. : 2013 (6) ALT 101
T.T. Antony vs. State of Kerala : 2001 (6) SCC 181
Amitbhai Anilchandra Shah vs. Central Bureau of Investigation : 2013 (6) SCC 348
Anju Chaudhary v. State of Uttar Pradesh : (2013) CrLJ 776 (SC)
Mohan Baitha v. State of Bihar : 2001 (2) ALT (Crl.) 26 (SC)=(2001) 4 SCC 350)
Babubhai v. State of Gujarat : (2010) 12 SCC 254
Ram Lal Narang v. State (Delhi Admn) : AIR 1979 SC 1791
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