THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL CRIMINAL PETITION No.5404 of 2021

ORDER:

This Criminal Petition is filed under Section 482 of Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) to quash the proceedings against the petitioner/accused in Crime No.474 of 2021 on the file of Banjara Hills Police Station, Hyderabad, registered for the offence punishable under Section 427 of the Indian Penal Code, 1860 (for short, ‘the IPC’).

2. Heard Sri Subramanyam Daraboina, learned counsel appearing on behalf of the petitioner as well as Sri E. Ganesh, learned Assistant Public Prosecutor appearing on behalf of respondent No.1-State. Perused the record.

3. The brief facts of the case are that on 27.06.2021, at about 22:30 hours, though the banner was kept at Yousufguda for the purpose of vaccination of Covid-19, the accused, along with his followers, came to Yousufguda Government School and torn the said banner without any reasons. Hence, a case was registered vide Crime No.474 of 2021 before the Banjara Hills Police, Hyderabad.

4. Learned counsel for the petitioner firstly submitted that the petitioner is innocent and he is no way concerned with the alleged.

He secondly submitted that the respondent No.2 deliberately and intentionally filed the present case against the petitioner with false and fabricated allegations only to harass the petitioner. He thirdly submitted that respondent No.2, who is businessman, has no role in Government Covid-19 vaccination program. He fourthly submitted that there is no corroborative evidence to prove the alleged offences. He lastly submitted that the petitioner is 60 years and suffering from old age ailments and prayed the Court to allow the Criminal Petition by quashing the proceedings against the petitioner.

5. Learned Assistant Public Prosecutor opposed the submissions of the learned counsel for the petitioner stating that the investigation is still under progress and prayed the Court to dismiss the Criminal Petition.

6. At this stage, it is relevant to note the observations made by the Apex Court in State of Haryana and others vs. Bhajanlal 1 , whereunder the following categories were illustrated, wherein the extraordinary power under Article 226 of the Constitution of India or the inherent powers under Section 482 Cr.P.C. can be exercised by the High Court to prevent the

11992 supp (1) SCC 335

abuse of process of any Court or otherwise to secure the ends of justice. The said categories are extracted as under:

“1. Where the allegations made in the First Information Report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused.

2. Where the allegations in the First Information Report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156 (1) of the Code except under an order of a Magistrate within the purview of Section

155 (2) of the Code.

3. Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused.

4. Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155 (2) of the Code.

5. Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused.

6. Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concern