Shaik Sajid v. THE STATE OF TELANGANA
Court: High Court for State of Telangana
Bench: TIRUMALA DEVI EADA
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2025-11-06. Shaik Sajid v. THE STATE OF TELANGANA. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION NO: 13732 OF 2025 Between: 1 Shaik Sajid, S/o Shaik lmam, Aged about 37 Years, Caste Muslim, Occ. Hotel Business and State Treasurer in Popular Front of lndia, R/o. H No. 4-4- 11l 5, lslampura, Jagityal-505327 Celi No. 8008820418 2. Shaik Shadulla, S/o Shaik Moinuddin, Aged about. 32 years, Caste. Muslim, Occ: Automobile Shop Near SBI Bodhan Road, Nizamabad Popular Front of lndia (PFl) Dist. Secretary, R/o. H. No. 3/120, Gundram Village, Nizamabad- 5031 86 Cell No. 9000797735 3. Shaik Kashif, S/o Shaik Chand, Aged about 23 years, Caste: Muslim, Occ: Electrician and Member of PFI Nizamabad, R/o. H. No. 2-12-89, Gole Hanuman' Imli Mahal' Nizamabad-503lBlr,r,o*=*s/AccusED No. 1 To 3 AND 1 The State of Telangana, Through S. H. O, P S.
Town-1, Nizamabad, Rep by its Public Prosecutor, High Court at Hyderabad. 2 Gandla Vittal, S/o Late Limbaiah, Aged about. 57 years, Caste Padmashali, Occ. SIP Women PS, Attached to Collectorate, R/o. Bank Colony, P Pangra, N izamabad. ... RESPONDENTS/COMPLAINANTS Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the criminal proceedings against the Accused Nos. 1 to 3 in CC. No. 1042 of 2021 in Crime No. 314 of 2019, pending on the file of 1ST Additional Judicial First Class Magistrate at Nizamabad, for the offences u/sec. 353 r/w 34 of IPC l. A. NO: 1 OF 2025 Petition under Section 528 of BNSS praying that in the circumstances stated rn the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings including appearance of the Petitioners/Accused Nos. 1 to 3 herein CC. No 1042 of 2021 in Crime No.
14 of 2024 on the file of PS Town-l Nizamabad, Nizamabad District, on file the 1st Additional Judicial Frrst Class Magistrate at Nizamabad, for the offences U/Sec 353 RA / 34 rPC This Petition coming on for hearing, upon perusirrrl the Memorandum of Grounds of Criminal Petition and upon hearing the argumerls of Sri MD JAI\4EEL AHIVED, Advocate for the Petitioner and SMT S MADHA',/ r\SSISTANT PUBLIC PROSECUTOR on behalf of the Respondent No. 1 and None Appeared for the Respo n dent No. 2 The Court made the following: ORDER :1*=,-,F. -:r@. r,ll!. ry I . '/ THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No. 13732 OF 2025 ORDER This Criminal Petition is filed by the petitioners-accused Nos. 1 to 3 seeking to quash the proceedings against them in C. C. No. 1042 of 2021 on the file of learned I Additional Judicial Magistrate of First Class, Nizamabad, regrstered for the offence under Section 353 read with 34 l. P. C. 2. Heard Sri MD.
Jameel Ahmed, learned counsel for the petitioners and Ms. S. Madhavi, learned Assistant Public Prosecutor for respondent No. '1 -State 3 Learned counsel for the petitioners submitted that the allegations in the complaint do not attract the ingredients under Section 353 of l. P C. and that the petitioners are falsely implicated in the present case. He, therefore, prayed to quash the proceedings in the present C. C. against the petitioners herein. 4. Learned Assistant Public Prosecutor submitted that the petitioners have intentionally obstructed the duties of a public servant and thus, the ingredients under Section 353 of l. P. C. very much attract against petitioners !! e herein. She, therefore, prayed to dismiss the - .. ' Criminal Petition. I I I I: I l),1 ( 2 rlP No I lTll oil0l5 5. Perused the record 6Thecontentsofthecomplaintdopointolrtthaton19'08. 2019 is Sub-lnspe ctor of Police' was lhe de facto complainant.
who the wherein' Prajavani attending to his duties at Collectorate, Nizamabac There programnle was being conducted. was hr ge crowd and there was a queue line for submitting the grievances of the public to the DistrictMagistrateandCollector,Nizamabad. Alilboutl3:30hours, thepetitionerscamethereandtriedtogainingre:;:;'andmoveaheadin the queue line Then the police officer, who is c n duty i e , de facto complainant asked them to maintain the qu': rt: line Then the petitionershavearguedwithlrim,abusedhirninfilthylanguage' pushed him away, obstructed his legitimate dutr< s and tried to move ahead in the queue line. Thus, there are specifi ; allegations against thepetitionersherein. AperusaloftheChargei]heetfurtherreveals thatLWs'3and4arelistedaseye. witnesses. l. heveracityofthe witnessesandthetruthorotherwiseinthealltlg.
ationsneedtobe tested during the course of trial Hence, in the facts and circumstances of the case, it is deemed appropri rte to dispose of the petitioners Criminal Petition by dispensing with the attendarce of the before the trial Court. \_ I I I'ID. J J Crl P No Il7l2 ol 1025 7. Accordingly, the Criminal Petition is disposed of dispensing with the attendance of the petitioners before the trial Court provided they are represented by a counsel before the trial Court on every date of hearing and shall appear before the trial Court whenever their presence is required during the course of trial lVhscellaneous applications, if any, pending shall stand closed. SD/. B. REKHA RANI ASSISTANT REGISTRAR G //TRUE COPY// SECTION OFFICER To, 1 The 1sr Additionar Judiciar Frrst crass Magistrate at Nizamabad, Nizamabad District 2 The station House officer, Town rNizamabad porice station, Nizamabad, Nizamabad District I 3. One CC to SRt MD JAMEEL AHMED Advocate [OPUC] 4.
Two CCs to public prosecutor, High Court for the State of Telangana at Hyderabad [OUT] 5. Two CD Cooies ,l' vM/PSL Yr8 l::,' HIGH COURT DATED: 06111t2O25 E sTAT L 1\\ {" t . :: tl ORDER ll. < n N5 [tt 1 l' : CRLP. No. 13732 of 2025 '1.. : ,:', cf2 llFsptr1 \_--_: DISPOSING THE CRIMINAL PETITION I l,), ,z' . / @r, aii'w
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