Back
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
TIRUMALA DEVI EADA
Mandava Harish – Appellant
Versus
State of Telangana – Respondent
| Table of Content |
|---|
| 1. petition for quashing based on lack of evidence. (Para 1 , 3) |
| 2. arguments concerning charge sheet and defenses. (Para 4 , 5) |
| 3. analysis of ipc sections related to charges. (Para 6 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 4. guidelines for quashing criminal proceedings. (Para 15) |
| 5. final order quashing the proceedings. (Para 16 , 17 , 18) |
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
The court quashed proceedings against the petitioners due to insufficient evidence establishing elements of the alleged offences, emphasizing reliance on independent witness statements.
The court found that peaceful protests are constitutionally protected and that charges of unlawful assembly and disobedience were unsustainable due to lack of evidence for assault or criminal force.
Proceedings against accused in criminal cases must establish knowledge of the alleged public order violations; lack of evidence led to quashing of charges.
Charges against the petitioner were quashed for lack of evidence supporting the alleged violations, emphasizing the need for valid grounds in prosecutions related to conduct during public events.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
