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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
TIRUMALA DEVI EADA
Syed Khaja Ziauddin – Appellant
Versus
State of Telangana – Respondent
| Table of Content |
|---|
| 1. overview of the petition and allegations (Para 1 , 3 , 4) |
| 2. arguments for quashing proceedings (Para 2 , 5 , 6) |
| 3. legal insights on section 188 ipc and related cases (Para 7 , 8 , 9) |
| 4. court's view on proceedings as abuse of process (Para 10 , 11) |
| 5. conclusion quashing the charges (Para 12) |
ORDER :
TIRUMALA DEVI EADA, J.
This Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) to quash the proceedings against the petitioner/accused in C.C.No.10165 of 2023, pending on the file of VII Additional Chief Judicial Magistrate at Nampally, Hyderabad, registered for the offences under Sections 341, 290 and 188 of Indian Penal Code, 1860 (for short ‘IPC’) and Section 21/76 of the City Police Act (for short ‘CP Act’).
2. Heard Mr.M.A.Mujeeb, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, appearing for respondent No.1-State.
3. The brief facts of the case are that on 06.11.2023 at about 16:30 hrs, a complaint was received from Mr.Mohd Azhar Yakubuddin, Senior Inspector, Deputy Registrar, Co-operative Societies, Secunderabad. He states that on the same day he and
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.
The court quashed proceedings against the petitioners due to insufficient evidence establishing elements of the alleged offences, emphasizing reliance on independent witness statements.
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