Telangana High Court
Abdul Saleem vs The State Of Telangana on 13 March, 2025
Author: N.Tukaramji
Bench: N.Tukaramji
THE HONOURABLE SRI JUSTICE N.TUKARAMJI
CRIMINAL PETITION No. 3547 OF 2025
ORDER
This Criminal Petition is filed under Section 482 of the Code of
Criminal Procedure (for short 'Cr.P.C.')/528 of Bharatiya Nagarik
Suraksha Sanhita, 2023 (for short 'BNSS, 2023'), seeking quashment of
the proceedings in C.C.No.516 of 2020, pending on the file of the
I Additional Judicial Magistrate of First Class, Jagtial District.
2. The petitioner is arrayed as accused No.7 in the Calendar Case
facing accusations for the offences punishable under Sections 143, 341
read with Section 149 of the Indian Penal Code, 1860.
3. Heard Mr.Shaik Muhammed Abed, learned counsel for the
petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public
Prosecutor, representing the respondent No.1-State.
4. Briefly stated the relevant facts are that the petitioner along with
others on 19.06.2018 at about 6.30 PM, gathered at Ambedkar Statue in
front of R.D.O.'s Office, Jagtial and staged protest (Dharna) by flexies
demanding for justice for rape victim.
5. Learned counsel for the petitioner would submit that, earlier the
other accused A-1 to A-3, A-5, A-6, A-8 to A-10 in the present Calendar
Case had filed Criminal Petition No.2858 of 2025 seeking quashment of
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the proceedings. This Court on considering the materials and merits,
quashed the proceedings against them vide Order dated 28.02.2025. As
the petitioner is also in the similar stance, prayed for granting the similar
relief by quashment of proceedings of the Calendar Case against him.
6. Learned Additional Public Prosecutor fairly conceded that earlier
the petition has been considered and the proceedings in Calendar Case
were quashed against the petitioners/accused therein and the petitioner
herein, who is accused No.7, stands in the same position.
7. I have perused the materials on record.
8. Earlier the Co-ordinate Bench of this Court having considered the
materials on record has observed as follows:
"Having regard to the rival submissions and the material
placed on record, the allegations against the petitioners are that they
formed into unlawful assembly and raised slogans demanding justice
for a rape victim. The learned counsel for petitioners relied on the
judgment of Anita Thakur vs. Government of Jammu and
Kashmir 1, wherein the Hon'ble Supreme Court observed that Article
19(1)(a) confers freedom of speech to the citizens of this country and,
thus, this provision ensures that the petitioners could raise slogan,
albeit in a peaceful and orderly manner, without using offensive
language. In the present case, there are no allegations that these
petitioners used offensive language and there is no evidence to show
that due to unlawful assembly, nuisance is caused to the public and
that they have obstructed free flow of traffic or obstructed the public
or the authorities from discharging their duties. Hence, continuation of
2016 15 SCC 525
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proceedings against these petitioners is not tenable and the same is
liable to be quashed."
9. Having regard to the above conclusion and admittedly as the
petitioner stand in the same position to that of the petitioners in
Crl.P.No.2858 of 2025, this Court is of the considered opinion that,
continuance of Calendar Case proceedings against the petitioner would
be abuse of process of Law. Hence, the proceedings in C.C.No.516 of
2020, on the file of the I Additional Judicial Magistrate of First Class,
Jagtial, against the petitioner/accused No.7 are hereby quashed.
10. Accordingly, the Criminal Petition is allowed.
Pending miscellaneous applications, if any, shall stand closed.
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N.TUKARAMJI, J
Date: 13.03.2025
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