IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO

CRIMINAL PETITION No.16169 of 2025

Date: 08.12.2025

Between:

Mohd. Sarfaraz Khan @ Ahmed Khan Sultan

... Petitioner

AND

The State of Telangana,

Rep. by the Public Prosecutor, High Court for the State of

Telangana through PS Humayun and another

...respondents

ORDER

This Criminal Petition has been filed seeking to quash the

proceedings in C.C.No.539 of 2021, on the file of learned VI Additional Chief Metropolitan Magistrate at Hyderabad, wherein the petitioner was arrayed as accused No.3, registered for the offences punishable under Sections 341, 290, 186, 147 read with

149 of Indian Penal Code (for short ‘IPC’).

2. Heard Mr.Md. Habeeb Ali Khan, learned counsel for the petitioner and Mr.Jithendar Rao Veeramalla, learned Additional

Public Prosecutor for respondents.

3. The case of the prosecution, in brief, is that on 28.02.2020, at 15.00 hours, while Sub-Inspector of Police along with his staff were performing bandobust duty at Azizia Mosque, at about 14:15 hours, after completion of afternoon prayer, under the leadership of the accused, some people gathered as an unlawful assembly in front of the Mosque, Mehdipatnam, without obtaining Police permission. The said persons actively participated in a Dharna against NRC and CAA. They raised slogans and displayed placards in protest, creating public nuisance and traffic congestion, leading to inconvenience to the general public. Basing on the said incident, the Sub-Inspector of Police registered a case in Crime No.64 of 2020 for the aforesaid offences. After completion of investigation, the charge sheet was filed before the Court concerned. The same was taken cognizance and numbered as C.C.No.539 of 2021.

4. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has nothing to do with the offences alleged. There are no specific allegations against the petitioner and the ingredients of offences alleged against him are not made out. He further submits that on the basis of statements of witnesses, who are Police Officials, the Investigating Officer conducted table investigation and filed charge sheet in a routine manner. He further submitted that accused Nos.1 and 2 had approached this Court and filed Crl.P.No.1824 of 2022 for seeking quashment of proceedings in C.C.No.539 of 2021 and this Court has allowed the said Criminal Petition on 26.03.2025 against them. The very same allegations are levelled against the petitioner and petitioner is also entitled for the same relief. He, therefore, prayed to quash the proceedings against the petitioner.

5. Learned Additional Public Prosecutor, on the other hand, submits that the petitioner has committed the offences alleged against them and hence, prays to dismiss the criminal petition.

6. For the sake of convenience, Section 186 of IPC and Section

195 of Cr.P.C. are extracted hereunder.

186. Whoever voluntarily obstructs any public servant in the discharge of his public functions, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.

195. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence. (1) No Courts shall take cognizance-

(a) (i) of any offence punishable under sections 172 to 188 (both inclusive)of the Indian Penal Code (45 of 1860), or (ii)of any abetment of, attempt to commit, such offence, or (iii) of any criminal conspiracy to commit, such offence, except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate...”

7. Upon perusal of the charge sheet, it reveals that the petitioner is being prosecuted for the offences punishable under Sections 341, 290, 186, 147 read with 149 of IPC. According to Section 195 of Cr.P.C., under Secti