THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL CRIMINAL PETITION No.7734 OF 2025

ORDER:

This Criminal Petition is filed under Section 528 of BNSS seeking to quash the proceedings initiated against the petitioner/accused No.2 in C.C.No.4195 of 2025, on the file of XVI Additional Chief Judicial Magistrate, Hyderabad, registered for the offences punishable under Sections 189 (2), 126(2) and 292 r/w. 190 BNS.

2. Heard the learned counsel for the petitioner/accused and the learned Assistant Public Prosecutor for respondents.

3. Brief facts of the case are that the FIR has been registered vide FIR.No.75 of 2025 dated 27.02.2025. Based upon the complaint filed by the de facto complainant/respondent No.2, one Mr.R.Sumanth, Police Constable, the case has been registered against the petitioner herein for the offences stated supra. In the said complaint, it is alleged that the while the 2^nd respondent is performing his patrolling duty in Section–I area near Renuka Yellamma Temple, R.K.Pet, Hyderabad, he noticed traffic congestion problem between R.K.Pet X Road to Shankar Cafe. On enquiry, he came to know that one religious procession is passing from Mallappa Mutt via R.K.Pet, under the supervision of one Santhosh, Srikar, Srinivas Chari, Rakesh Goud and others without valid permission from Police with a gathering of 40 members. Upon noticing that though he asked them to give a way to public for free flow of traffic, they denied the same. Hence, the present complaint is filed requesting to take appropriate action in accordance with law for causing nuisance and obstructing the free flow of traffic by taking procession without valid permission.

4. On receipt of the said complaint, L.W.5 registered a complaint and entrusted the same to L.W.6 for further investigation.

5. Learned counsel for the petitioner while admitting that temple was undertaking procession would submit that the said “Sri Mallikarjuna (Mahadev) Temple” is non-profitable temple and the same is run by Matthadipathi from generations and the accused herein is the successor of 7^th generation. Under the guidance of the petitioner herein the rituals were performed in the temple. He further submits that like every year, the petitioner herein informed Mangalhat Police Station about Mahasivarathri festival rituals and sought for security. On 27.02.2025, the Mangalhat Police provided security and guarded the entire ritual of procession till completion. He would further submit that except the Police officials no other independent witness have been examined by the respondent-Police. The witness to the scene of offence ie., Rakesh Goud who is a habitual offender and is under the control and command of the Police has been examined, whose evidence cannot be taken into consideration. The evidence of Police officials cannot be taken into consideration. In the instance case, the petitioner made an application dated 21.02.2025 seeking permission for undertaking procession and paid Rs.145/-. Accordingly, the permission was granted for 7 working days. In these circumstances, at any stretch of imagination, it cannot be said that procession was not within knowledge of the respondent-Police. Therefore, continuation of criminal proceedings against the petitioner would amounts to abuse of process of law. Hence, he seeks to quash the proceedings against the petitioner.

6. Learned Assistant Public Prosecutor would submit that there was unlawful assembly and the Police officials after conducting thorough investigation laid charge sheet against the petitioner for creating nuisance and obstructing free flow of traffic. He further submits that until and unless thorough trial is conducted, truth cannot be elicited. Hence, seeks to dismiss the petition.

7. Having regard to the rival contentions and upon perusal of the contents made in the complaint, this Court is seized of the fact that procession of the Deity of the said temple has been taking place from the times unknown. The said fact is nowhere denied. However, wh