THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.11108 of 2024

ORDER

This Criminal Petition is filed under Section Section

528 of the Bharatiya Nagarik Suraksha Sanhita (for short ‘BNSS’) by the petitioners/accused Nos.1 to 8 to quash the proceedings against them in C.C.No.5520 of 2021 on the file of IV Additional Junior Civil Judge-cum- XV Additional Metropolitan Magistrate, Medchal Malkajgiri at Kukatpally for the offences punishable under Sections 4(i) of Telangana State Prohibition of Ragging Act, 1997.

2. The brief facts of the case are that on 20.09.2021 at 20:10 hours a complaint was lodged by the Sub-Inspector of Police, KPHB, Cyberabad stating that at Jawaharlal Nehru Technological University, KPHB, the B-Tech II Year students were ragging B-Tech I Year students. Basing on the alleged complaint, the police registered a case in Cr.No.873 of 2021 of KPHB Police Station, Medchal District for the offence punishable under Section 4 (i) of Telangana State Prohibition of Ragging Act, 1997. After completion of investigation, charge sheet is filed against accused Nos.1 to 8 in C.C.No.5520 of 2021. Aggrieved by the same, the petitioners filed the present Criminal Petition seeking to quash the proceedings against them in C.C.No.5520 of 2021 on the file of the IV Additional Junior Civil Judge-cum- XV Additional Metropolitan Magistrate, Medchal Malkajgiri District at Kukatpally.

3. Heard Sri Mullangi Ram Reddy, learned counsel for the petitioners, Sri Arun Kumar Doddla, learned Additional Public Prosecutor for respondent No.1-State. Perused the record.

4. Learned counsel for the petitioners contended that no ragging took place in the University premises and no victim gave complaint with regard to ragging.

A false case is registered against the petitioners, basing on the complaint of the de-facto complainant, which is not maintainable. He further contended that the petitioners will suffer grave hardship and injury if the charge sheet against them is not quashed. Hence, prayed to quash the proceedings against the petitioners in C.C.No.5520 of 2021 on the file of the IV Additional Junior Civil Judge-cum- XV Additional Metropolitan Magistrate, Medchal Malkajgiri District at Kukatpally.

5. A perusal of record reveals that the Sub- Inspector of Police, KPHB Police Station received information with regard to ragging at JNTU campus and immediately he went to the campus and enquired about the ragging but there were no person to inform about the ragging, even though he enquired some persons they did not inform about the ragging, which shows that report is not sufficient to register a case against the petitioners. Even the statements of the witnesses also shows that there is no ragging took place at the University premises. In view of the same, this Court is inclined to quash the proceedings against the petitioners.

6. In the result, the criminal petition is allowed and all further proceedings against the petitioners/accused Nos.1 to 8 in C.C.No.5520 of 2021 on the file of the IV Additional Junior Civil Judge-cum-XV Additional Metropolitan Magistrate, Medchal Malkajgiri District at Kukatpally, are hereby quashed.

Pending miscellaneous petitions, if any, in these Criminal Petitions shall also stand closed.

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K. SUJANA, J Date: 25.09.2024.

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