KONGARI MAHESH Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Heard Sri K.L.N. Raghavendra Reddy, learned counsel appearing for Ms. Haseena Sultana Ansari, learned counsel for petitioners and Mrs. Shalini Saxena, learned counsel representing learned Public Prosecutor appearing for respondents.

(2.) This petition is filed by petitioners/A.6 to A.15 and A.17 under Sec. 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), to quash the proceedings against them in C.C.No.1782 of 2023 on the file of the learned III Additional Chief Metropolitan Magistrate at Nampally, Hyderabad, in respect of Crime No.88 of 2023 of Banjara Hills Police Station, registered for the offences punishable under Ss. 341, 353 and 143 of Indian Penal Code (IPC) read with Sec. 149 IPC, on the basis of the complaint dtd. 3/2/2023 lodged by 2nd respondent.

(3.) In the aforesaid complaint lodged by 2nd respondent, the Sub-Inspector of Police, Banjara Hills Police Station, at the relevant point of time, it is alleged that on 3/2/2023, at about 12:50 hours, while he and other staff, L.Ws.2 to 4, were performing Bandobust duty at ICCC Building, Road No.12, Banjara Hills, Hyderabad, they noticed that around 16 members were unlawfully assembled opposite to ICCC building. They were proceeding to enter into ICCC building without any permission. Immediately, he along with Bandobust staff stopped them and enquired the purpose of their assembly. Then, they revealed that they came to ICCC building to protest against the alleged anomalies in the ongoing Police Recruitment demanding "to allow SIs and PCs police job aspirants to write main exams who were qualified in 1600/800 meters running" and other demands on the call given by A.1. He and other staff requested the aforesaid people not to conduct protest. They did not heed to their request and started argued with them. They have also sat on the road by raising slogans against the Government causing obstruction to the free flow of traffic and causing inconvenience to the public. Therefore, L.W.1 and others have taken them into their custody and shifted them to Banjara Hills Police Station. On enquiry, they came to know about the names of the petitioners. The statements of L.Ws.2 to 4 are in the same lines. Basing on the said statements of L.Ws.1 to 4, the Investigating Officer has filed charge sheet against the petitioners and others for the aforesaid offences. The same was taken on file vide C.C.No.1782 of 2023. Challenging the said proceedings, petitioners filed the present petition.