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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT

HYDERABAD

THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA

CRIMINAL PETITION No.3316 of 2023

Date: 05.02.2026

Between:

Saraswati Kavula.

...Petitioner

AND

State of Telangana, Represented by

its Public Prosecutor, High Court of

Telangana at Hyderabad, Through

Station House Officer, Adibatla

Police Station and another.

...Respondents

ORDER

This Criminal Petition has been filed under Section 482 of

the Code of Criminal Procedure, 1973, by the petitioner-accused

to call to quash the proceedings in C.C.No.168 of 2023 on the file

of the Principal Junior Civil Judge Cum XV Additional Metropolitan

Magistrate at Ibrahimpatnam. The offences alleged against the

petitioner are under Sections 353 and 504 of the Indian Penal

Code (for short ‘IPC’).

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2. Heard Sri Ch.Ravi Kumar, learned counsel for the petitioner

as well as Sri Arun Kumar, the learned Additional Public

Prosecutor appearing for the respondent No.1-State.

3. Learned counsel for the petitioners submitted that the

petitioner is facing false allegations and that there is no act

committed by the petitioner to attract the offences under Sections

353 and 504 of IPC. He further submitted that the principle laid

down by the Hon’ble Apex Court in Manik Taneja and another v.

State of Karnataka and another, (2015) 7 SCC 423, the alleged ingredients of the

offences are not made out and the petitioner has not committed

any act of threat causing alarm in the mind of the de-facto

complainant. He further submitted that the de-facto complainant

was absent on the alleged date of offence. He further submitted

that when the petitioner did not obstruct the public servants in the

discharge of official duties, offence under section 353 of IPC also

does attract. He further submitted that earlier the petitioner has

filed Crl.P.No.955 of 2023, which was disposed of with a direction

not to take coercive steps against the petitioner-accused. The

present criminal petition is filed seeking quashment of

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proceedings in C.C.No.168 of 2023. Therefore, he prayed to

quash the proceedings against the petitioner.

4. Learned Additional Public Prosecutor has submitted that the

prosecution has collected ample material to consider the offences

levelled against the petitioner herein. The allegations against

petitioner reveals that the alleged incident and acts of the

petitioner attract the offences under Sections 353 and 504 of the

IPC. He further submitted that the statements of the L.W.7 and

other witnesses support the prosecution case and therefore, he

prayed to dismiss the petition.

5. The petitioner is facing allegation under Sections 353 of IPC

and 504 of IPC. Hence, the same are extracted hereunder:

Section 353 of IPC is as follows:

"Assault or criminal force to deter public

servant from discharge of his duty:- Whoever

assaults or uses criminal force to any person

being a public servant in the execution of his duty

as such public servant, or with intent to prevent

or deter that person from discharging his duty as

such public servant, or in consequence of

anything done or attempted to be done by such

person to the lawful discharge of his duty as such

public servant, shall be punished with

imprisonment of either description for a term

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which may extend to two years, or with fine, or

with both.”

Section 504 of IPC is as follows:

“Intentional insult with intent to provoke

breach of the peace:- Whoever intentionally

insults, and thereby gives provocation to any

person, intending or knowing it to be likely that

such provocation will cause him to break the

public peace, or to commit any other offence,

shall be punished with imprisonment of either

description for a term which may extend to two

years, or with fine, or with both.”

6. Perused the record.

7. The contents of the complaint point out that the petitioner,

along with a group of people, allegedly went to the office of the

de-facto complainant in his absence, abused the officials working

at the offic