HON’BLE SRI JUSTICE K. LAKSHMAN CRIMINAL PETITION No.14861 OF 2024
ORDER
Heard Sri Dama Seshadri Naidu, learned Senior Counsel representing Sri R. Chandrasekhar Reddy, learned counsel for the petitioner, Sri Siddharth Luthra, learned Senior Counsel representing Sri Palle Nageswar Rao, learned Public Prosecutor for respondent No.1 and Sri Goalla Seshadri, learned counsel for respondent No.2.
2. This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’) to quash the proceedings in Cr.No.1205 of 2024 pending on the file of Panjagutta Police Station, Hyderabad ( for short, ‘the subject crime’).
3. The petitioner herein is A.1 in the subject crime. The offences alleged against the petitioner herein are punishable under Section 120-B, 386, 409 and 506 read with 34 of IPC and Section 66 of the Information Technology Act, 2008 ( for short, ‘the IT Act’).
Facts of the case:-
4. On the complaint lodged by 2nd respondent dated 01.12.2024, the Police Panjagutta, registered a case in Cr.No.1205 of 2024 against the petitioner herein and other accused for the aforesaid offences. As per the said complaint dated 01.12.2024 of 2nd respondent, the allegations leveled against the petitioner herein/A.1 and A.2 are as follows:-
i. On 21.03.2021, the 2nd respondent started the "Farmers First Foundation" at GS chambers, Nagarjuna Circle, Panjagutta, with an object to encourage Organic farming by Providing Farmers with modern techniques and creating business opportunities through stalls.
ii. On 25.09.2022, he organized a program at "Konda Bhudevi Garden" near new bus stand Siddipet, where he financially supported the families of 100 agricultural tenant farmers who had committed suicide by providing Rs 1 lakh to each family, in total Rs. 1 Crore.
iii. On 26.03.2023, he distributed Rs. 1 lakh each to 150 widows of Farmers who had committed suicide.
iv. Since he did not invite A.1, he bore grudge on him as his charitable activities were gaining significant public support, and he was becoming increasingly popular in the public.
v. The petitioner along with A.2 and others criminally conspired to harm him posing a threat by falsely implicating him in false cases to tarnish his reputation and they threatened him with dire consequences, if he did not stop his charity work in the petitioner’s constituency.
vi. On 23.01.2023, he announced plans to start a small scale "Aggipetta Macha" company (Match box company) in Siddipet district intending to uplift the lives of poor families.
vii. On 04.02.2023, a false Case vide Cr.No. 49/2023 for the offences under Sections 376 read with 511 IPC was registered against him at the instance of the petitioner herein/A.1.
viii. The 2nd respondent was arrested and brought to the ACP office in Shamirpet and later remanded to judicial Custody.
ix. He began receiving threatening messages on his mobile Phone from unknown numbers, questioning as to how he is getting money and he has to meet those persons.
x. On 15.03.2023, he joined in BJP party in Delhi in the presence of BJP leaders like Sri. Eetala Rajender and Sri. Tarun Chugh. In April 2023, he provided financial assistance to farmers in Siddipet affected by heavy rains.
xi. On 28.04.2023, while he was in his office, at Panjagutta, policemen in civil clothes raided his office, took him into custody and produced him before Sri. Radha Kishan Rao, Task Force Police Officer/A.2, who threatened him stating that the petitioner herein/A.1 was angry at him for organizing programs in his constituency without his consent.
xii. They also threatened him that they would close his chapter if he does not change his party. When he refused, they took his phone number, took him to CCS police station where two more cases vide Cr.Nos.908 of 2023 and 909 of 2023 were registered against him. Later they returned his phone and was sent to judicial remand.
xiii. Later he was enlarged on bail in both cases.
xiv. He was again implicated in a false case vide Cr.No. 522 of 2023 of Ghatkesar Police station on the basis of complaint fi
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