logo

This Product is Licensed to ,

Change Font Style & Size  Show / Hide
24

  •            

 
CDJ 2026 TSHC 061 print Preview print print
Court : High Court for the State of Telangana
Case No : Criminal Petition No. 1029 of 2026
Judges: THE HONOURABLE MR. JUSTICE J. SREENIVAS RAO
Parties : Dasari Rajashekar & Another Versus The State of Telangana, Rep. by Public Prosecutor, Hyderabad & Another.
Appearing Advocates : For the Petitioner: Baddam Aravind Reddy, Advocate. For the Respondent: Public Prosecutor.
Date of Judgment : 11-02-2026
Head Note :-
Representation of People Act, 1951 - Section 123(1) -
Judgment :-

1. This Criminal Petition has been filed by the petitioners/accused Nos.1 and 2 seeking to quash the proceedings in C.C.No.745 of 2021 on the file of the Special Judicial First Class Magistrate Mobile for trial of cases under PCR Act at Karimnagar, for the offences under Sections 188 and 171-E of the Indian Penal Code, 1860, (for short, ‘the IPC’) and Section 123(1) of the Representation of People Act, 1951 (for short, ‘the RP Act’).

2. Heard Mr. B. Aravind Reddy, learned counsel for the petitioners, and Mr. M. Vivekananda Reddy, learned Assistant Public Prosecutor, appearing on behalf of respondent No.1-State.

3. Learned counsel for the petitioners submitted that the petitioners have not committed any offence and they have been falsely implicated in the present crime. Even according to the allegations made in the complaint or in the final report, the ingredients of the offences under Sections 188 and 171-E of the IPC and Section 123(1) of the RP Act are not attracted. He further submitted that the issue raised in the present criminal petition is squarely covered by the orders passed by this Court in Crl.P.No.8227 of 2022, dated 24.11.2025 and the common order passed in Crl.P.Nos.152 and 5696 of 2025 dated 18.08.2025 and also placed copies of the said orders. The petitioners are also entitled for the very same relief. Hence, the continuation of the proceedings against the petitioners is a clear abuse of the process of law.

4. The said submission has not disputed by learned Assistant Public Prosecutor.

5. In view of the above said submissions and taking into consideration the orders passed by this Court in Crl.P.No.8227 of 2022, dated 24.11.2025, and Crl.P.Nos.152 and 5696 of 2025, dated 18.08.2025, this Court finds it to be a fit case to exercise jurisdiction under Section 528 of the BNSS to quash the proceedings against the petitioners herein.

6. Accordingly, the Criminal Petition is allowed and the proceedings in C.C.No.745 of 2021 on the file of the Special Judicial First Class Magistrate Mobile for trial of cases under PCR Act at Karimnagar, against the petitioners/accused Nos.1 and 2, are hereby quashed.

Miscellaneous applications, pending if any, shall stand closed.
 
  CDJLawJournal