##PAGE1##

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA

WRIT PETITION No.29021 OF 2025

DATE: 31 -12-2025

Between:

Mohd. Abdul Sha @ Jinna and ten others

… Petitioners

And

The State of Telangana,

Rep. by its Principal Secretary,

Department of Home,

Secretariat Buildings, Saifabad,

Hyderabad and another

... Respondents

ORDER:

This Writ Petition is filed under Article 226 of the

Constitution of India seeking to issue an appropriate writ, order or

direction, more particularly in the nature of certiorari, calling for

the records in C.C.No.610 of 2024 on the file of Junior Civil

Judge-cum-Judicial Magistrate of First Class, Dammapet,

C.C.No.211 of 2025 on the file of Junior Civil Judge-cum-Judicial

Magistrate of First Class, Sathupally, and F.I.R.Nos.236 of 2017,

242 of 2017, 244 of 2017 and 247 of 2017 of Sathupalli Police

Station, Khammam District, and quash the same, and to declare

the action of respondent-police in adding the names of the

2 ETD,J

W.P.No.29021 of 2025

petitioners as accused in the said C.Cs. and F.I.Rs. as illegal and

arbitrary.

2. Heard Sri K. Ashok Kumar, learned counsel for the

petitioners and Sri M. Srinivas, learned Assistant Government

Pleader for Home, for the respondents.

3. Learned counsel for the petitioners submitted that the

petitioners herein are innocent and they are arrayed as accused

just based on the complaint given by the Tahsildar and Banks,

without there being any verification. He further submitted that no

particulars as to the allegations against the petitioners are given

by the complainants and that prima facie case is not made out

against the petitioners herein. He further submitted that multiple

F.I.Rs. are registered on the same subject and hence, the same

cannot be sustained. He, therefore, prayed to quash the

proceedings in the present F.I.Rs. and C.Cs. against the

petitioners herein. To substantiate his case, the learned counsel

has relied upon the judgment of the Honourable Apex Court in

Pradnya Pranjal Kulkarni v. State of Maharashtra and

another¹

1

2025 LiveLaw (SC) 875

3 ETD,J

W.P.No.29021 of 2025

4. Learned Assistant Government Pleader for Home

submitted that once the charge sheet is filed, a Writ Petition is not

maintainable to quash the charge sheet as per the law laid down

by the Honourable Apex Court. He further submitted that in the

present case, charge sheets are already filed and hence, the

present Writ Petition is not maintainable to quash the C.Cs. He

further submitted that different complaints are lodged based on

different incidents and hence, single Writ Petition is not

maintainable to quash all the F.I.Rs. He, therefore, prayed to

dismiss the Writ Petition.

5. Perused the record.

6. The contention of the petitioners’ counsel is that the

petitioners are innocent and the proceedings in the present

crimes and C.Cs. be quashed against the petitioners herein. But,

the contention of the learned Assistant Government Pleader is

that once charge sheet is filed, the Writ Petition is not

maintainable to quash the proceedings. Hence, initially, the

question that arises for consideration before this Court is as to the

maintainability of the Writ Petition for quashing the proceedings in

C.Cs.

4 ETD,J

W.P.No.29021 of 2025

7. In Neeta Singh and others v. The State of Uttar Pradesh

and others, S.L.A.(Crl.).No.13578 of 2024, dated 15.10.2024, the Writ Petition was filed only under Article 226 of

the Constitution, the relevant jurisdiction under Article 227 of the

Constitution or Section 482 of the Code of Criminal Procedure

had not been invoked and the cognizance of the offence has

already been taken by the concerned criminal Court. Under the

said circumstances, the High Court of Allahabad has held that the

Writ Petition is not maintainable. The Honourable Apex Court has

upheld the order of the Allahabad High Court, whereby the Writ

Petition filed only under Article 226 of the Constitution was held to

have become infructuous by reason of subsequent events.

8. In Pradnya Pranjal Ku