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2025 Supreme(Online)(TEL) 2310

HIGH COURT OF TELANGANA
K. LAKSHMAN, J
Radha Kishan Rao – Appellant
Versus
The State of Telangana – Respondent
CRLP/1386/2025



The court quashed the FIR due to insufficient allegations to support the charges, emphasizing that vague claims and unexplained delays undermine the prosecution's case.

Headnote:(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 528 - Indian Penal Code - Sections 120-B, 386, 409, 506 - Information Technology Act, 2008 - Section 66 - Criminal petition filed to quash proceedings in Cr.No.1205 of 2024 against petitioner for alleged offenses including extortion and criminal intimidation - Allegations of phone tapping and harassment by a public servant were deemed insufficient to sustain the FIR - Court emphasized the necessity of specific allegations to support charges under IPC and IT Act. (Paras 3, 36, 48)

Facts of the case:
The petitioner, accused of multiple offenses, sought to quash the FIR against him, arguing that the allegations were vague, delayed, and previously addressed in another case. The complainant alleged harassment and conspiracy due to political rivalry. (Paras 3, 6)

Findings of Court:
The court found that the allegations did not meet the necessary legal thresholds for the offenses charged, particularly regarding extortion and criminal breach of trust. The registration of a second FIR on the same allegations was impermissible. (Paras 36, 48)

Issues: The main issues included whether the FIR contained sufficient allegations to constitute the offenses and the legality of registering multiple FIRs based on the same set of facts. (Paras 23, 30)

Ratio Decidendi: The court held that the FIR lacked adequate substance to support the charges, emphasizing that vague allegations and unexplained delays in filing complaints undermine the prosecution's case. The court quashed the FIR, citing the abuse of process of law. (Paras 36, 48)

Result: The proceedings in Cr.No.1205 of 2024 against the petitioner were quashed.

ORDER

Heard Sri E. Uma Maheshwar Rao, learned counsel representing Sri E.Sudhanshu Rao, learned Counsel for the petitioner and Sri Palle Nageshwar Rao, learned Public Prosecutor appearing for State, Sri Seshadri Goalla, learned counsel appearing 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.

Facts of the case:-

3. The petitioner herein is A.2. 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’).

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.

5. As per the said complaint dated 01.12.2024 of 2nd respondent, the allegations leveled against the petitioner herein and A.1 are as follows:-

i. On 21.03.2021, he 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, the Minister and local MLA, 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.1 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 his 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 A.1.

viii. He 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 was 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 the petitioner, Task Force Police Officer, who threatened him stating that 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 complaint filed by Mr. Avinash.

xv. On 29.08.2023, he received an e-mail from ‘Apple’ (threat notification@ apple. Com) warning him that his I-phone might be targeted by State sponsored attackers. The e-mail sta

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