Telangana High Court

Mohd Sabeer vs High Court For The State Of Telangana on 10 April, 2025

     THE HON'BLE SHRI JUSTICE ANIL KUMAR JUKANTI

             CRIMINAL PETITION No.15105 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, 11, 15 and 21 to quash the

proceedings against them in CC.No.175 of 2021 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 Sub Inspector of

Police, Velpoor Police Station. The gist of the complaint is that one

Mr. Barki Mukesh uploaded a post on Facebook in which he

morphed and placed Lord Hanuman idol photo on a mosque

along with the letters of Jai Shri Ram. There was unrest between

members of Hindu and Muslim communities and started pelting

stones at each other. To disperse the mob, the police personnel

reached Jama Masjid in Nandipet at about 9:00 p.m. A crowd of

100 mob were armed with stones. It is reflected in the complaint

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that on appearance it looked like a Muslim mob and when asked

to disperse immediately as it was an unlawful assembly, the mob

pelted stones on the police by paying deaf ear to the request. One

armed police constable bearing batch No.381 sustained bleeding

injury to leg and some others. A few names of the persons are

recorded in the complaint.

4. Learned counsel appearing on behalf of petitioners

submitted that the allegations levelled 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-an-hour. Petitioners

were shown as accused in all the 3 cases and one 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 were filed before this Court

by other accused persons to quash the proceedings in CC.No.784

of 2018 and CC.No.175 of 2021. This Court by common order,

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dated 28.11.2023, quashed 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.175

of 2021. Hence, the proceedings against them in CC.No.175 of

2021 be quashed.

5. Learned Assistant Public Prosecutor appearing on behalf of

State submitted that there are specific allegations that a mob was

trying to disturb the peace and harmony of the society.

Identification of persons involved in mob was done by local police

constable(s) 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 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 sub inspector of

police, Velpoor Police Station. In the complaint it is stated that

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being enraged with a Facebook post, a mob of 2 communities

(Hindu and Muslim) assembled and started pelting stones on each

other. It is stated in the complaint that mob of 100 people at

Jama Masjid appeared who looked like Muslim mob pelted stones,

in which an Armed Police Constable bearing batch No.381

sustained injuries. A few names of the persons who pelted stones

were spelt out after identification. Charge sheet bearing

CC.No.175 of 2021 is filed.

8. Learned counsel appearing on behalf of petitioners invited

attention of this Court to order, dated 31.10.2023, passed in

SC.No.52 of 2020. Petitioners/accused herein are arrayed as

accused in S.C.No.52 of 2020. Trial Court by order, dated

31.10.2023, found the accused therein including

petitioners/accused herein as not guilty for offences punishable

under Sections 147, 148, 307, 333 read with 149 of IPC. In the

charge sheet which is filed herein, sections 332 and 324 are

reflected.

9. Be that as it may, Crl.P.Nos.11165 and 11166 of 2023 are

filed before this Court by other accused for quashing of the

proceedings against them in CC.No.784 of 2018 and in CC.No.175

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of 2021. Learned Single Judge of this Court, by a common order,

dated 28.11.2023, held as follows:

"13. The learned counsel for the petitioners also relied upon the judgment of the Hon'ble Apex Court in Iqbal @ Bala & Ors. Vs. State of U.P. & Ors (2023 (5) Supreme 497) wherein it was held that:

"10. At this stage, we would like to observe something important. Whenever an accused comes before the Court invoking either the inherent powers under Section 482 of the Code of Criminal Procedure (CrPC) or extraordinary jurisdiction under Article 226 of the Constitution to get the FIR or the criminal proceedings quashed essentially on the ground that such proceedings are manifestly frivolous or vexatious or instituted with the ulterior motive for wreaking vengeance, then in such circumstances the Court owes a duty to look into the FIR with care and a little more closely. We say so because once the complainant decides proceed against the accused with an ulterior motive for wreaking personal vengeance, etc., then he would ensure that the FIR/complaint is very well drafted with all the necessary pleadings. The complainant would ensure that the averments made in the FIR/complaint are such that they disclose the necessary ingredients to constitute the alleged offence. Therefore, it will not be just enough for the Court to look into the averments made in the FIR/complaint alone for the purpose of ascertaining whether the necessary ingredients to constitute the alleged offence are disclosed or not. In frivolous or vexatious proceedings, the Court owes a duty to look into many other attending circumstances emerging from the record of the case over and above the averments and, if need be, with due care and circumspection try to read in between the lines. The Court while exercising its jurisdiction

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under Section 482 of the CrPC or Article 226 of the Constitution need not restrict itself only to the stage of a case but is empowered to take into account the overall circumstances leading to the initiation/ registration of the case as well as the materials collected in the course of investigation. Take for instance the case on hand. Multiple FIRs have been registered over a period of time. It is in the background of such circumstances the registration of multiple FIRs assumes importance, thereby attracting the issue of wreaking vengeance out of private or personal grudge as alleged."

14. Thus these were not cases of wreaking vengeance out of private or personal grudge, but considering all the other attending circumstances wherein three cases were registered one after the other within a time span of half an hour gap in between them at three different places wherein the names of the petitioners were cited as accused in all the above three cases and the most severe case among them tried as S.C.No.52 of 2020 resulted in acquittal of all the accused persons including the present petitioners herein due to lack of identification of specific persons who pelted stones on the police personnel from out of the mob of around 100 persons and the result of the present calendar cases is also likely to be on the same lines resulting in waste of the precious time of the Court and considering that the petitioners are moving around the Court for the past more than 5 years without trial being commenced by ruining their careers and employment opportunities, it is considered fit to quash the proceedings against the petitioners in C.C.No.784 of 2018 (arising out Crime No.121 of 2017 of P.S. Nandipet) and C.C.No.175 of 2021 (arising out Crime No.122 of 2017 of P.S. Nandipet) on the file of the Junior Civil Court - cum - Additional Judicial First Class Magistrate, Armoor."

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10. Having perused the entire factual matrix of this case, this

Court deems it appropriate that proceedings in CC.No.175 of

2021 on the file of Junior Civil Judge-cum-Additional Judicial

First Class Magistrate at Armoor, against petitioners/accused are

liable to be quashed and are hereby quashed. Needless to state,

this Court is not inclined to differ from the opinion in the order,

dated 28.11.2023, passed in Crl.P.Nos.11165 and 11166 of 2023

and trial Court's order dated 31.10.2023, passed in SC.No.52 of

2020. The trial Court conducted an elaborate trial and held that

all the accused are not guilty for the offences. It is also observed

that Section 307 of IPC was filed in SC.No.52 of 2020 which is