THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.5155 of 2025

ORDER:

This Criminal Petition is filed seeking to quash the proceedings against the petitioners/accused Nos.1 and 2 in C.C.No.1458 of 2023 on the file of the learned Special Judicial Magistrate of First Class, (Excise) at Karimnagar, registered for the offences punishable under Sections 354 - C, 354-D and 504 read with 34 of the Indian Penal Code, 1860 (for short ‘IPC’).

2. The brief facts of the case are that on 05.06.2023 respondent No.2 lodged a complaint at the Police Station stating that that for the past few days, the petitioners had been taking her photographs without her permission while she was performing her official duties. Petitioner No.2 used to click her photos with her mobile phone and send them to her husband, who in turn circulated them in various WhatsApp groups, causing her humiliation. On 05.06.2023, during a village campaign related to the Badibata programme, as directed by her higher officials, she observed petitioner No.1 again taking her photographs. When she objected and questioned him about taking her photos and sharing them in WhatsApp groups, Padma picked up a quarrel with her and abused her in filthy language. Both of them allegedly claimed they had the right to take photographs and further insulted her modesty.

3. Basing on the said complaint, the Police registered a case in Crime No.151 of 2023 for the offences punishable under Sections 354 - C, 354-D and 504 read with 34 of IPC and after completion of investigation, they filed charge sheet, vide C.C.No.1458 of 2023 before the Special Judicial Magistrate of First Class, (Excise) at Karimnagar. Aggrieved thereby, the petitioners filed the present criminal petition to quash the proceedings against them.

4. Heard Sri Ponampelli Ravi, learned counsel representing Sri Ambala Raju, learned counsel appearing on behalf of the petitioner as well as Sri Rudresh Deshpande, learned Assistant Public Prosecutor appearing on behalf of respondent No.1 - State. Though notice served upon respondent No.2, none appeared on her behalf.

5. Learned counsel for the petitioners submitted that the allegations leveled against the petitioners are vague and baseless. He further submitted that petitioner No.1 was discharging his duties in accordance with the circular issued by the Director of School Education dated 27.05.2023, which directed the conduct of the Prof. Jayashankar Badi Bata Programme for the academic year 2023–2024, aimed at enrolling school-age children from 03.06.2023 to 17.06.2023. As per the said circular, school authorities were instructed to identify five-year-old children from nearby Anganwadi centers and enroll them in Government schools. In compliance with these directions, the petitioners visited the Anganwadi center, and as part of the awareness campaign, petitioner No.1 took photographs of the Anganwadi school. He contended that there was no use of abusive language and that the allegations made by the de facto complainant do not constitute any offence. Therefore, he prayed the the Court to quash the proceedings against the petitioners by allowing this criminal petition.

6. On the other hand, learned Assistant Public Prosecutor opposed the submissions made by the learned counsel for the petitioners stating that there are clear allegations against the petitioners which require adjudication, and that the police filed the charge sheet only after completion of the investigation. Therefore, at this stage, quashing of the proceedings against the petitioners does not arise. Hence, he prayed that the Court dismiss the criminal petition.

7. In the light of the submissions made by both the learned counsel and upon a perusal of the material available on record, the allegations against the petitioners are that, without the permission of respondent No.2, the petitioners took her photographs and shared them in a WhatsApp group. When respondent No.2 objected and questioned the same, it is alleged tha