Gollapally Brahmaiah v. The State Of Telangana

THE HON'BLE JUSTI CE G.SRI DEVI CRI MI NAL PETI TI ON No.3 3 4 2 of 2 0 1 9 ORDER:

This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, is filed by the petitioner/ accused, to quash the proceedings in FIR No.133 of 2019 of Korutla Police Station, Jagtial District, registered for the offences punishable under Sections 171(c) read with 171(F), 171(G), 417, 420, 465, 468, 471, 505(1), (c), 505(2) read with 120B of IPC and Section 66(D) of IT Act, 2000.

2.

Heard the learned counsel for the petitioner/ accused, the learned Additional Public Prosecutor representing the 1st respondent-State and perused the record.

3.

The learned counsel for the petitioner/ accused would submit that the petitioner/ accused is a business man. The allegation against the petitioner is that he along with others have made a false electronic record impersonating Telangana State Intelligence Department and uploaded the same in Facebook as genuine post of Telangana State Intelligence Department to influence the voters of Telangana State to vote in favour of BJP. He is an innocent person and falsely implicated in the case and ultimately prayed to allow the petition.

4.

On the other hand, the learned Additional Public Prosecutor would submit that there is ample evidence on record to prove the guilt of the petitioner/ accused. It is not a fit case to quash

the proceedings against him in the said crime and ultimately prayed to dismiss the petition.

5.

Looking into the allegations levelled against the petitioner/ accused in the F.I.R., it cannot be said that no cognizable offence is made out against the petitioner/ accused. At this stage, the proceedings in the subject FIR cannot be quashed against the petitioner/ accused. However, no coercive steps shall be taken against the petitioner/ accused till filing of final report.

6.

With the above direction, the Criminal Petition is disposed of.

Miscellaneous petitions, if any, pending in this Criminal Petition shall stand closed.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ JUSTI CE G.SRI DEVI 27.06.2019 ssp