KOTHAPALLY MAHESH Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Petition is filed under Sec. 482 of the Code of Criminal Procedure, 1973 by the petitioners/accused Nos.6, 8, 9, 30 and 31 to quash the proceedings against them in C.C.No.14471 of 2019 on the file of I-Additional Chief Metropolitan Magistrate at Hyderabad. The offences alleged against them are under Ss. 143, 341, 290, 186 r/w.Sec. 149 of Indian Penal Code (for short the 'IPC').

(2.) The brief facts of the case are that Sri G.Ravi, S.I of Police, P.S.Saifabad gave a complaint on 17/5/2019 at 1300 hours, stating that on the same day in the morning hours he received information that the Telangana Vidyarthi Vedika (for short 'TVV') organization is proposing to conduct protest programme at Dr.B.R.Ambedkar statue in support of release of Prof. G. N. Sai Baba and Varavara Rao. When he along with other constables were on bandobusth duty at the said place, at about 11.15 hours 13 persons under the leadership of Maddileti, State President of TVV came near Dr.B.R.Ambedkar statue by raising slogans to release Prof. G. N.Sai Baba and Varavara Rao, who were arrested by the Maharashtra Government, formed into unlawful assembly and started Dharna, without taking any permission and obstructed free flow of traffic by wrongfully restraining the vehicles, thereby caused public nuisance and he came to know their names as Maddileti, P. Gopi, Smt Chukka Shilpa, V.Balram, S. Praveen and others. When, he requested them not to obstruct the traffic, the above persons did not heed his words and obstructed him and his staff in discharging the lawful duties. As a result, he took into custody 13 members and shifted them to Ramgopalpet Police Station. While so, at about 11.40 hours again 18 members gathered as unlawful assembly near Dr.B.R.Ambedkar statue giving slogans, thereby caused public nuisance and obstructed free flow of traffic. He also took them into custody and shifted them to Musheerabad Police Station, Chikkadpally Police Station, Gandhinagar police Station and Abids road Police Station. Basing on the said complaint police registered Cr.No.293 of 2019 under Sec. 143, 341, 290, 186 r/w.Sec. 149 of IPC.

(3.) Heard Sri T. Rahul, learned counsel for the petitioners and Sri S.Ganesh, learned Assistant Public Prosecutor appearing for the respondents.