Telangana High Court
Mirza Mouzam Ullah Khan vs The State Of Telangana on 10 February, 2025
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.6943 of 2020
ORDER:
The Criminal Petition is filed under Section 482 of
Cr.P.C., by the petitioners/accused Nos.1, 2, 4, and 5 to
quash the proceedings in C.C.No.10508 of 2019, pending on
the file of XVI Additional Chief Metropolitan Magistrate,
Nampally, Hyderabad.
2. The complaint was filed by respondent No.2/de facto
complainant on 01.06.2019, alleging that petitioner No.1 and
his associates trespassed into her house at around 7.30
P.M., and damaged movable property. Further, the two
persons, namely, Ashviq and Nadeem, were present when
petitioner No.1 and his associates trespassed into the house
of respondent No.2
3. On the basis of the complaint, which was filed on
01.06.2019 at around 7.30 P.M., a case was registered in
Crime No.82 of 2019 for the offences under Sections 448,
427, 504, and 506 read with Section 34 of I.P.C.
4. The Investigating Officer conducted scene of offence
panchnama and after completion of investigation, charge-
sheet was filed. In the charge-sheet, the complainant is
shown as LW.1, LW.2 is circumstantial witness and son of de
facto complainant, LWs.3 and 4 are the panch witnesses,
and LW.5 is the Investigating Officer.
5. Learned Senior Counsel appearing on behalf of the
petitioners would submit that petitioner No.1 lodged a
complaint with Shahalibanda Police Station, alleging that
Mohammed Bin Rouf, who is the son of de facto
complainant, assaulted him along with two others. Police
have registered a case in Crime No.81 of 2019, even prior to
the complaint being made by respondent No.2 herein. The
Police filed charge-sheet in the said case. As a counter blast
to the said complaint, the present complaint was filed by the
mother of Mohammed Bin Rouf/de facto complainant, who is
accused No.1 in Crime No.81 of 2019, filed by the petitioner
No.1 herein.
6. Only on the ground that the workers viz., Ashvaq and
Nadeem, whose names were specifically mentioned in the
complaint filed by the de facto complainant, were not shown
as witnesses in the charge-sheet, the proceedings cannot be
quashed.
7. The learned Senior Counsel appearing for the
petitioners relied on the judgment of the Hon'ble Supreme
Court in Anand Kumar Mohatta v. State (NCT of Delhi),
Department of Home 1, and the relevant portion reads as
under:
"30. It is necessary here to remember the words of this
Court in State of Karnataka v. L.Muniswamy which reads as
follows:
"7. ....In the exercise of this wholesome power,
the High Court is entitled to quash a proceeding if it
comes to the conclusion that allowing the
proceeding to continue would be an abuse of the
process of the Court or that the ends of justice
require that the proceeding ought to be quashed.
The saving of the High Court's inherent powers,
both in civil and criminal matters, is designed to
achieve a salutary public purpose which is that a
court proceeding ought not to be permitted to
degenerate into a weapon of harassment or
prosecution. In a criminal case, the veiled object
behind a lame prosecution, the very nature of the
material on which the structure of the prosecution
rests and the like would justify the High Court in
quashing the proceeding in the interest of justice."
8. There is no dispute regarding the law laid down by the
Hon'ble Supreme Court. However, the matter has to be
(2019) 11 SCC 706
decided only on the basis of the facts in a particular case. In
the present case, the allegation is that the petitioners have
trespassed into the house of respondent No.2 at 7.30 P.M.,
and damaged the vehicle, furniture etc. Whether respondent
No.2/de facto complainant is speaking the truth or
otherwise, can only be ascertained in the trial.
9. The case before the Court below shall be disposed off
within a period of four months from today, since there are
only two material witnesses.
10. Accordingly, the Criminal Petition is disposed off. No
costs.
Miscellaneous Petitions pending, if any, shall stand
closed.
___________________
K.SURENDER, J
Date: 10.02.2025
PNS
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.6943 of 2020
Date: 10.02.2025
PNS
