Telangana High Court
M.Srikanth vs The State Of Telangana on 15 March, 2023
Bench: K.Surender
HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
*****
Criminal Petition No.2543 OF 2021
Between:
M.Srikanth and another ... Petitioners
And
The State of Telangana,
Rep. by its Public Prosecutor,
High Court for the State of Telangana
and another. ... Respondents
DATE OF JUDGMENT PRONOUNCED: 15.03.2023
Submitted for approval.
THE HON'BLE SRI JUSTICE K.SURENDER
1 Whether Reporters of Local
newspapers may be allowed to Yes/No
see the Judgments?
2 Whether the copies of judgment
may be marked to Law Yes/No
Reporters/Journals
3 Whether Their
Ladyship/Lordship wish to see Yes/No
the fair copy of the Judgment?
__________________
K.SURENDER, J
2
* THE HON'BLE SRI JUSTICE K. SURENDER
+ Crl.P.No.2543 of 2021
% Dated 14.02.2023
# M.Srikanth and another ... Petitioners
And
$ The State of Telangana,
Rep. by its Public Prosecutor,
High Court for the State of Telangana
and another ... Respondents
! Counsel for the Petitioners: Sri Manu
^ Counsel for the Respondents:
1) Sri S.Sudershan
Additional Public Prosecutor for R1
2) Sri M.S.Chandresh, for R2
>HEAD NOTE:
? Cases referred
3
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.2543 OF 2021
ORDER:
This Criminal Petition under Section 482 of the Code of
Criminal Procedure, 1973 (for short 'Cr.P,.C.'), is filed by the
petitioners/A1 & A2 to quash the proceedings in C.C.No.988/2021
on the file of the XXII Additional Chief Metropolitan Magistrate,
Secunderabad. The offences alleged against the petitioners/A1 & A2
are under Sections 148 r/w.149, 427 of the Indian Penal Code and
Section 3 of the Prevention of Damage to Public Property Act, 1984.
2. Heard the learned counsel for the petitioners and learned
Assistant Public Prosecutor for the respondent-State.
3. A complaint was filed by the 2nd respondent who is the
Tahasildar of Marredpally division, stating that public toilets were
demolished in the land, which is subject matter of
WP.No.9707/2020 filed by the members of Hari Nam Prachar
Samithi. The society was claiming it to be their property. The
Tahasildar filed counter in the WP, however, this Court in
IA.No.1/2020 in WP.No.9707/2020 restrained the Revenue as well
as Police authorities from interfering with the said property. It is
alleged that taking advantage of the orders passed by this court, the
members of the Hari Nam Prachar Samithi formed into unlawful
assembly and armed with construction implements, demolished the
public toilets as well as premises of Skill Development Centre on
09.02.2021 and thereby violated the orders of the High Court and
caused loss to the public property which are public toilets erected in
three tin sheds. An Idol of Lord Krishna was installed contrary to
the orders issued by the Apex Court in SLP No.8519 of 2006 dated
29.09.2009, 16.02.2010 and 08.03.2016. Since the acts of these
petitioners who are members of Hari Nam Prachar Samithi amounts
to violation of High Court order and causing destruction of public
property, the present complaint was filed. The Police having
investigated the case filed charge sheet against the petitioners. The
Police identified these two petitioners who are Office Bearers of Hari
Nam Prachar Samithi as the persons responsible and accordingly
charge sheeted these petitioners.
4. Learned Counsel appearing for the petitioners would submit
that 'Hari Nam Prachar Samithi' represented by Accused No.2
herein filed Writ Petition No.9707/2020 and this Court directed that
the Police or the Revenue authorities shall not interfere with the
peaceful possession and enjoyment of the Hari Nam Prachar
Samithi over the land in Survey No.74/10, admeasuring Ac.1.23
guntas at East Marredpally, Secunderabad, pending further orders.
In the said circumstances, the question of Hari Nam Prachar
Samithi trespassing into its own land or causing any destruction
would not arise. For the said reason, the proceedings have to be
quashed.
5. On the other hand, it was argued on behalf of respondents
that these petitioners along with others formed into unlawful
assembly and caused destruction of public toilets erected in the
subject land, contrary to the orders of this Court in
WP.No.9707/2020. Further the acts of these petitioners are in
violation of the said orders and accordingly prayed to dismiss the
criminal petition.
6. Admittedly, when this Court in W.P.No.9707 of 2020 filed by
the 'Hari Nam Prachar Samithi' found that the land in question was
a private patta land and the possession of the Hari Nam Prachar
Samithi cannot be interfered with by the Revenue authorities or the
Police ( respondents 1 to 8 in the said writ petition), the question of
the petitioners who are members of the Hari Nam Prachar Samithi,
trespassing into their own land does not arise.
7. As claimed by the Tahasildar/complainant in his complaint
that the Hari Nam Prachar Samithi members formed into an
unlawful assembly and demolished public toilets, thereby violating
the orders of the Court, is incorrect. This Court specifically found
that the land is a private patta land and belongs to Hari Nam
Prachar Samithi. It is not the case of the Tahasildar/complainant
that the alleged acts of demolishing tin sheds was in any other land
which is not the land of the Hari Nam Prachar Samithi and subject
matter of the writ petition.
8. The charge sheet is filed for the offence under section 148 r/w
149 of the Indian Penal code. Section 148 makes rioting by an
unlawful assembly punishable. Section 149 makes every member of
such unlawful assembly vicariously liable. Unlawful assembly is
defined under Section 141 of the Indian Penal code, which is an
assembly of five or more persons and if the common object of those
persons is to commit a criminal act and consequently commits a
criminal act, such members of the unlawful assembly are liable.
Rioting is use of force or violence by an unlawful assembly as
defined under section 146 of IPC. When only these two petitioners
are identified and prosecuted, the question of either forming into an
'unlawful assembly' or committing acts of 'rioting' does not arise.
Five or more persons have to be involved to call it an 'unlawful
assembly'. These two petitioners cannot be prosecuted under
section 148 of IPC.
9. Though there is an allegation in the complaint that several
persons of the Hari Nam Prachar Samithi formed into an unlawful
assembly and committed certain acts, only these petitioners are
made as accused. The Hari Nam Prachar Samithi and its members
even assuming have done certain acts of taking away sheds in their
own land, the same would not amount to either criminal trespass or
causing mischief and destruction of any public property. It is not
the case of complainant that any sheds were erected in the property
of Hari Nam Prachar Samithi with their permission.
10. "Public property" according to section 2(b) of PDPP Act 1984,
means any property, whether immovable or movable (including any
machinery) which is owned by, or in the possession of, or under the
control of-- (i) the Central Government; or (ii) any State
Government; or (iii) any local authority; or (iv) any corporation
established by, or under, a Central, Provincial or State Act; or (v)
any company as defined in section 617 of the Companies Act, 1956
(1 of 1956); or (vi) any institution, concern or undertaking which the
Central Government may, by notification in the Official Gazette,
specifies.
11. The complainant / Tahsildar has not provided any proof or
document to show that the tin sheds in the property of Hari Nam
Prachar Samithi falls within the meaning of 'public property' nor the
police has collected any proof. For the said reasons, the
prosecution against these petitioners cannot be allowed to continue
since none of the offences alleged are made out.
10. Accordingly, the Criminal Petition is allowed and the
proceedings against these petitioners in C.C.No.988/2021 on the
file of the XXII Additional Chief Metropolitan Magistrate,
Secunderabad, are hereby quashed.
Miscellaneous applications, if any pending, shall stand closed.
_________________
K.SURENDER, J
Date: 15.03.2023
Note: L.R copy to be marked.
tk
THE HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.2543 OF 2021
Dt.15.03.2023
tk
