logo

This Product is Licensed to ,

Change Font Style & Size  Show / Hide

24

  •            

 
CDJ 2026 TSHC 072 print Preview print print
Court : High Court for the State of Telangana
Case No : Criminal Petition No. 2246 of 2026
Judges: THE HONOURABLE MR. JUSTICE J. SREENIVAS RAO
Parties : Sogala Kumar Versus The State of Telangana, Rep. by its Public Prosecutor, Hyderabad & Another
Appearing Advocates : For the Petitioner: K. Karuna Sagar, Advocate. For the Respondent: Public Prosecutor.
Date of Judgment : 19-02-2026
Head Note :-
Indian Penal Code, 1860 - Section 188 -
Judgment :-

1. This Criminal Petition has been filed by the petitioner/accused seeking to quash the proceedings in C.C.No.801 of 2024 on the file of the Additional Judicial Magistrate of First Class (PCR) Magistrate, at Karimnagar.

2. Heard Mr.K.Karuna Sagar, learned counsel for the petitioner, and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, appearing on behalf of respondent No.1-State.

3. Learned counsel for the petitioner submitted that the petitioner has not committed any offence and he has been falsely implicated in the present case. Even according to the allegations made in the complaint or in the final report, the ingredients of the offences under Section 188 of the Indian Penal Code, 1860 (for short ‘IPC’) and Section 127(A) of the Representation of People Act, 1951 (for short, ‘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 petitioner is also entitled for the very same relief. Hence, the continuation of the proceedings against the petitioner is a clear abuse of the process of law.

4. The said submission has not disputed by learned Additional 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 petitioner herein.

6. Accordingly, the Criminal Petition is allowed and the proceedings in C.C.No.801 of 2024 on the file of the Additional Judicial Magistrate of First Class (PCR) Magistrate, at Karimnagar, against the petitioner/accused, are hereby quashed.

Miscellaneous applications, pending if any, shall stand closed.

 
  CDJLawJournal