THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI CRIMINAL PETITION No.15106 OF 2024

O R D E R:

This Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (for short ‘BNSS’) by petitioners/accused Nos.6, 10, 14 and 20 to quash the proceedings against them in CC.No.784 of 2018 on the file of Junior Civil Judge-cum-Additional Judicial First Class Magistrate at Armoor.

2. Heard learned counsel for petitioners and Mr. Surepalli Prashanth, learned Assistant Public Prosecutor for respondent– State. Perused the material on record.

3. A complaint dated 06.09.2017, is filed by V.Anil PC-102 of Nandipet Police Station. The gist of the complaint is that one Mr. Barki Mukesh uploaded a post on Facebook in which he morphed and placed a photo of Lord Hanuman idol on a mosque along with the letters of Jai Shri Ram. There was unrest between members of both Hindu and Muslim communities and they started pelting stones at each other. To disperse the mob, the police personnel reached the spot at about 8:30 p.m. A crowd of 100 mob were armed with stones. When asked to disperse immediately as it is an unlawful assembly, the mob pelted stones on the police by paying deaf ear to the request. As a result police officers sustained bleeding injuries. A few names of the persons are recorded in the complaint.

4. Learned counsel appearing on behalf of petitioners submitted that the allegations levelled against them are unfounded as proper identification cannot be made in a mob of 100 that petitioners/accused involved in pelting stones. It is further submitted that 3 FIR’s came to be lodged one after the other in different Police Stations within a span of half and hour. Petitioners were shown as accused in all the above 3 cases and one of the case was registered as S.C.No.52 of 2020 on the file of Assistant Sessions Jude, Armoor. The trial Court by order, dated 31.10.2023, in SC.No.52 of 2020 acquitted all the accused persons including petitioners herein on the ground of lack of identification of specific persons who pelted stones. It is further submitted that Crl.P.Nos.11165 and 11166 of 2023 are filed before this Court by some other accused persons to quash the proceedings against them in CC.No.784 of 2018 and CC.No.175 of 2021. This Court by common order, dated 28.11.2023, quashed the proceedings against accused in CC.No.784 of 2018 and in CC.No.175 of 2021. Petitioners/accused herein are arrayed as accused in CC.No.784 of 2018. Hence, the proceedings against them in CC.No.784 of 2018 be quashed.

5. Learned Assistant Public Prosecutor appearing on behalf of State has submitted that there are specific allegations with regard to a mob trying to disturb the peace and harmony of the society. That identification of certain persons involved in mob was done by the local police constable and it is only on such identification, the accused/petitioners were named in the charge sheet and that it is a fit case for trial and no interference is necessitated as peace and harmony in the society is utmost of importance and the same cannot be disturbed under any circumstances. It is further submitted that there were eyewitnesses to the entire incident and the trial may be continued against the accused/petitioners.

6. Heard learned counsels, perused the record and considered the rival submissions.

7. On 06.09.2017, a complaint is filed by the by V.Anil PC-102 of Nandipet Police Station. In the complaint it is stated that being enraged with a Facebook post, a mob of 2 communities (Hindu and Muslim) had assembled and started pelting stones on each other. It is stated in the complaint that mob of 100 people pelted stones at each other, in which police officers sustained bleeding injuries. A few names of the persons who pelted stones were identified. Charge sheet is filed bearing CC.No.784 of 2018.

8. Learned counsel appearing on behalf of petitioners invited attention of this Court to the order, dated 31.10.2023, passed in SC.No.52 of 2020. Petitioners/ac