Sanjay Kumar, v. The State Of Telangana

THE HON'BLE SRI JUSTI CE M.S.K.JAI SWAL CRI MI NAL PETI TI ON No.8527 of 2016 ORDER:

The criminal petition is filed under Section 482 Cr.P.C. to quash the proceedings in C.C.No.832 of 2016 on the file of the XXV Metropolitan Magistrate, Kukatpally at Miyapur, Cyberabad, registered for the offences punishable under sections 294, 188 & 109 IPC. Heard the learned counsel appearing for the petitioners/A17 to A24 and the learned Additional Public Prosecutor, representing the State. The facts in hand are para materia with the facts of the case in Ganda Jinesh Ramnik and others v. State of Telangana1. Following the said authority and applying the same ratio in the present case, the proceedings in so far as the petitioners, who are arrayed as A17 to A24, cannot be sustained. The record also does not disclose that the police when raided the premises where the alleged offence is committed, they found more than 16 persons.

Therefore, the question of the petitioners/A17 to A24 along with other accused, participated and indulged in the alleged acts of the nuisance does not arise. In that view of the matter, the Criminal Petition is allowed and the proceedings in C.C.No.832 of 2016 on the file of the XXV Metropolitan Magistrate, Kukatpally at Miyapur, Cyberabad against the petitioners/A17 to A24 are hereby quashed.

Pending miscellaneous applications, if any, shall stand closed in consequence.

__________________ M.S.K.JAI SWAL,J Date: 19.09.2016 Dsr 1 2016 (2) ALD (Crl.) 282