Jaleel , Mirza Jaleel Baig v. The State Of Telangana

HON'BLE SRI JUSTICE C.PRAVEEN KUMAR CRIMINAL PETITION No.1666 of 2016 ORDER:

The petitioner, who is accused No.1, filed the present application under Section 438 Cr.P.C. seeking release in the event of his arrest in connection with Crime No.177 of 2015 of Kaghaznagar Town Police Station, Adilabad District, registered for the offences punishable under Sections 448, 353, 290 and 506 IPC and Section 3

(1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The informant, who is working as Hostel Welfare Officer in Government Social Welfare Girls Hostel, Kaghasnagar, lodged a report stating that accused No.1, who claims to be a reporter, entered into Government Social Welfare Girls Hostel, Kaghaznagar, alleged to have threatened the students, took photographs and videos and created a scene. After that, the petitioner went to the chamber of the informant and demanded money stating that failure to do so, he telecast in TV channel and also force some students to speak against the informant. The petitioner handed over the said video to 10 TV reporter Kiran (accused No.2), who inturn telecasted the false episode in 10 TV channel on the informant and hostel stating that prostitution was going on at the instance of the informant and the hostel has become a brothel house in the evening. On account of telecast, reputation of the informant, and the hostel students was damaged and they were subjected to serious mental agony. Basing on these allegations the above case came to be registered.

A perusal of the material on record would disclose that in the

month of January, 2016 the petitioner along with accused No.2 preferred Criminal Petition No.355 of 2016 seeking anticipatory bail. By an order dated 25.01.2016, this Court while granting anticipatory bail to accused No.2 rejected the request of the petitioner having regard to the nature of allegations made against him. Thereafter, the present application is again filed seeking same relief. In the absence of any change in legal and factual aspects and having regard to the judgment of the Apex Court in Kalyan Chandra Sarkar v. Rajesh Ranjan @ Pappu[1], the question of considering the request of the petitioner would not arise. Hence, the request of the petitioner can be rejected.

Accordingly, the Criminal Petition is dismissed. ____________________ C. PRAVEEN KUMAR, J 17.02.2016 gkv [1] AIR 2005 SC 921