M.SRIKANTH Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Petition under Sec. 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P,.C.'), is filed by the petitioners/A1 and A2 to quash the proceedings in C.C.No.988/2021 on the file of the XXII Additional Chief Metropolitan Magistrate, Secunderabad. The offences alleged against the petitioners/A1 & A2 are under Ss. 148 r/w.149, 427 of the Indian Penal Code and Sec. 3 of the Prevention of Damage to Public Property Act, 1984.

(2.) Heard the learned counsel for the petitioners and learned Assistant Public Prosecutor for the respondent-State.

(3.) A complaint was filed by the 2nd respondent who is the Tahasildar of Marredpally division, stating that public toilets were demolished in the land, which is subject matter of WP.No.9707/2020 filed by the members of Hari Nam Prachar Samithi. The society was claiming it to be their property. The Tahasildar filed counter in the WP, however, this Court in IA.No.1/2020 in WP.No.9707/2020 restrained the Revenue as well as Police authorities from interfering with the said property. It is alleged that taking advantage of the orders passed by this court, the members of the Hari Nam Prachar Samithi formed into unlawful assembly and armed with construction implements, demolished the public toilets as well as premises of Skill Development Centre on 9/2/2021 and thereby violated the orders of the High Court and caused loss to the public property which are public toilets erected in three tin sheds. An Idol of Lord Krishna was installed contrary to the orders issued by the Apex Court in SLP No.8519 of 2006 dtd. 29/9/2009, 16/2/2010 and 8/3/2016. Since the acts of these petitioners who are members of Hari Nam Prachar Samithi amounts to violation of High Court order and causing destruction of public property, the present complaint was filed. The Police having investigated the case filed charge sheet against the petitioners. The Police identified these two petitioners who are Office Bearers of Hari Nam Prachar Samithi as the persons responsible and accordingly charge sheeted these petitioners.