THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.6075 OF 2025

ORDER:

This Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to quash the proceedings against the petitioner/accused No.1 in P.R.C.No.64 of 2025 on the file of the learned XIV Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, registered for the offences punishable under Sections 147, 148, 332, 307, 188 and 153 (A), r/w. 149 of the Indian Penal Code, 1860 (for short ‘the IPC’) and Section 7 (1) of Criminal Amendment Act.

2. The brief facts of the case are that on 16.11.2012, respondent No.2 along with his team was performing picket duty at Hanuman Temple, Rein Bazar, in view of Friday Bandobast duties, one mob unlawfully gathered to attack the police and road passers, near Hanuman temple by giving slogans, created communal violation and without any reason attacked the road passers and police and pelted stones with an intention to kill due to which one constable sustained head injury and collapsed on the road, and some of them received internal injuries and they also damaged one red colour Pulsor vehicle bearing No.AP 11 AH 3350. Hence, a case was registered in Crime No.307 of

2012 before the Reinbazar Police and after completion of investigation, charge sheet was filed.

3. Heard Sri Katika Ravinder Reddy, learned Counsel for the Petitioner as well as learned Assistant Public Prosecutor for respondent No.1-State.

4. Learned counsel for the petitioner submitted that the petitioner herein is also accused No.1 in other three cases which are registered on 16.11.2012 with the same set of allegations. He further submitted that the petitioner approached this Court in respect of those three cases and this Court has quashed the proceedings against the petitioner. Hence, he prayed this Court to allow the Criminal Petition by quashing the proceedings against the petitioner.

5. On the other hand, learned Assistant Public Prosecutor for respondent No.1-State opposed the submissions of the learned counsel for the petitioner stating that the allegations levelled against the petitioner are serious in nature and the same requires trial. Hence, he prayed this Court to dismiss the Criminal Petition.

6. In view of the rival submissions made by both the parties, this Court has perused the material available on record.

According to the petitioner, he was accused No.1 in C.C.No.535 of 2014, C.C.634 of 2016 and C.C.No.317 of 2016 arising out of three different FIRs registered on 16.11.2012 with the same set of allegations and offences as that of the instant case. It is noteworthy that after full-fledged trial when the other accused were acquitted this petitioner splitted out from the said C.Cs to C.C.No.7601 of 2022, C.C.No.7599 of 2022 and C.C.No.7600 of 2022 before the XIV Additional Chief Metropolitan Magistrate at Nampally, Hyderabad. Thereafter, when the petitioner approached this Court for quashing the proceedings against him in C.C.Nos.7601, 7599 and 7600 of 2022 vide Criminal Petition Nos. 10860, 10861 and 10899 of 2023, this Court having observed that except evidence of PW.1, there is no other evidence to identify the accused, quashed the proceedings against the petitioner. Pertinently, in the complaint names were also not mentioned, description was not given, no test identification parade was conducted and the medical certificate of the injured shows that the injuries suffered by him are simple in nature and in S.C.No.271 of 2021 the alleged victim deposed that he cannot identify the accused. In view of circumstances of the case and since allegations levelled against the petitioner in the present case and in Criminal Petition Nos.10860, 10861 and 10899 of 2023 are similar, this Court is of the considered opinion that even if it is tried for the petitioner, no purpose would be served, as such, continuation of proceedings against the petitioner is nothing but abuse of process of law.

7. Accordingly, the Criminal Petition is