T.Jeevan Singh v. The State Of Telangana And Another
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD THURSDAY .THE SECOND DAY OF MARCH TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CR|MINAL PETITION NO: 2111 OF 2023 Between:
T.Jeevan Singh, S/o late Bajrangh Singh, Aged about 57 years, Occ. Social Service, Rl/o. H.No.13- 6 -457120, Gayathri Nagar, Shiv Bagh,Asifnagar, Hyderabad. ...PETITIONER/ACCUSED AND '1 . The State of Telangana and another, Rep by its Public Prosecutor, High Court for the State of Telangana at Hyderabad.
2. Y. Hanuman Goud, Age. not Know, Sub lnspector of Police, Police Station, Tappachabutra, Hyderabad.
...RESPONDENT Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to to call for the record relating to C.C.No. 868 of 2017, on the file of Vt Addl. Chief Metropolitan Magistrate, at Hyderabad, Hyderabad and quash the proceedings.
l.A. NO: 1OF 2023 Petition under Section 482 of Cr.P .C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased to grant stay all further proceedings including appearance of the petitioner in C.C.No. 868 of 2017, on the file of Vl Addl. Chief Metropolitan Nilagistrate, at Hyderabad, Hyderabad.
This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri KATIKA RAVINDER REDDY ,Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and NONE for the Respondent No. 2. The Court made the following: ORDER
Crl. Petition No.2111 of 2023 THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.2111 OF 2023
ORDER
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 7973 (for short 'Cr.P.C.') by the petitionerAccused seeking to quash the proceedings against him in C.C.No.B68 of 2017 pending on the file of VI Additional Chief Metropolitan Magistrate, At Hyderabad.
2.
Heard learned counsel for the petitioner - accused and learned Additional Public Prosecutor for the respondent - State. Perused the record.
3.
The 2nd respondent is a Sub-Inspection of Police,. has filed a ( / complaint against the petitioner stating that he has taken up a rally with party workers on 09.04.2014 on another route contrary to the permission. The permission was sought from Shiva Bagh to Darbar Maisamma Temple. However, without following the said route, the petitioner had taken another route. On the basis of complaint, charge sheet has been filed by Tappachabutra Police.
_ Crl.Petition No.2111 of 2023 4.
The Court is prohibited from taking cognizance under Section \ 1BB of IPC as per Section 195(1) of CR.P.C.
Secfion 195(1) of Cr. P.C. says that no Court shall take cognizance of any offence punishable under Sections 172 to 188 of IPC except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate.
5.
For the reason of charge sheet being filed on the basis of a complaint, the proceedings are liable to be quashed. 6.
Accordingly, the Criminat Petition is allowed and proceedings in C.C.No.B68 of 2017 pending on the file of VI Additional Chief Metropolitan Magistrate, At Hyderabad are quashed. No costs. Miscellaneous applications pending, if any, shall stand closed. Sd/-N.SRIHARI ASSISTANT REGISTR.AR / (./ //TRUE COPY// SECTION OFFICER To, 'l The Vl Additional Chief Metropolitan Magistrate at Hyderabad One CC to SRl. KATIKA RAVINDER REDDY, Advocate [OPUC] Two CCs to the PUBLIC PROSECUTOR, High Court for the State of Telangana, at Hyderabad. [OUT] Two CD Copies.
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HIGH COURT DAf ED:0210312023 o 13 APr 208 t
ORDER
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CRLP.No.2111 of 2023 ALI,OWING TIIE CRINIINAL PETITION, G)'d'r 5.v-.-- ^6"Ve