The court quashed proceedings against the petitioners due to insufficient evidence establishing elements of the alleged offences, emphasizing reliance on independent witness statements.

ORDER :

Tirumala Devi Eada, J.

1. This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 seeking the Court to quash the proceedings against the petitioners/accused Nos.1 to 3 & 5 in C.C.No.4989 of 2025, on the file of the learned I Additional Chief Judicial Magistrate, Hyderabad, registered for the offences punishable under Sections 186 and 341 read with 149 of IPC.

2. Heard Sri P.Ravi Shankar, learned counsel for the petitioners/accused Nos.1 to 3 & 5 as well as Sri Jitender Rao Veeramalla, the learned Additional Public Prosecutor appearing for the respondent No.1- State.

3. The facts of the case are that on 26.07.2023, at 13:15 hours, while the Sub-Inspector of Police, Saifabad Police Station (complainant herein) and other staff were performing patrolling in the limits of Saifabad Police Station, they noticed some members of Police Job Aspirants , who are 5 in number, organized “Protest Programme” in front of Gate No.1 of Dr.BR Ambedkar Telangana Secretariat for condemning implementation of G.O.Ms.No.46 in Police recruitment and obstructed the duties of the Police officer and thereby caused obstruction to the free flow of traffic of the secretariat employees and wrongfully restrained the other vehicles unlawfully on the main road. When the police personnel tried to stop them, they obstructed their legitimate duties. As such, they were taken into custody. On enquiry, they came to know about the names of the petitioners. The statements of L.Ws.2 & 3, who are the eye witnesses, are recorded during the course of investigation and the Investigating Officer has filed charge sheet against the petitioners for the aforesaid offences. The same was taken on file vide C.C.No.4989 of 2025. Challenging the said proceedings, petitioners filed the present petition.

4. Learned counsel for the petitioners would contend that contents of the charge sheet lack the ingredients of the aforesaid offences. There is no criminal intent. There is no unlawful assembly. They went in front of Gate No.1 of Dr.BR Ambedkar Telangana Secretariat to organize Protest Programme for condemning implementation of G.O.Ms.No.46 in Police recruitment. With regard to the police recruitment, the Government has changed the Rules after issuance of notification. Without considering the said aspects, the Investigating Officer has laid charge sheet against the petitioners and others and the learned Magistrate has taken cognizance of the aforesaid offences against the petitioners and others. Petitioners are students and they are appearing for competitive examinations. The police implicated them with a false motive. The Investigating Officer did not record the statements of any independent witness. He has placed reliance on the judgment of Apex Court in Anita Thakur and others v. Government of Jammu and Kashmir and others , [(2006) 15v SCC 525] and Mullapudi Bapi Raju v. State of Andhra Pradesh , [2024(3) ALD (Crl.) 641 (AP)] and Kothapally Mahesh and others v. State of Telangana , [Crl.P.No.3865 of 2024 dt.07.06.24] . With the said submissions, petitioners sought to quash the proceedings in the said C.C.

5. Learned Additional Public Prosecutor would contend that there are specific allegations against the petitioners. The petitioners along with others have raised slogans against the Government and conducted dharna in front of Dr.B.R.Ambedkar Telangana Secretariat building which caused obstruction for free flow of traffic and caused inconvenience to the public. All the contentions raised by the petitioners are defenses which cannot be considered in a petition filed under Section 528 of BNSS. Th