Telangana High Court
Hari Krishna Sakinala vs The State Of Telangana on 27 September, 2024
THE HONOURABLE SMT JUSTICE K. SUJANA
CRIMINAL PETITION No.11269 of 2024
ORDER:
This Criminal Petition is filed under Section 528 Bharatiya Nagarik Suraksha Sanhita (for short 'BNSS') by the petitioner/accused No.6 seeking to quash the proceedings against him in C.C.No.9706 of 2023 on the file of the IX Additional Cheif Metropolitan Magistrate, Nampally, Hyderabad, registered for the offences punishable under Section 188 of the Indian Penal Code, 1860 (for short 'IPC') and Sections 21/76 of the Hyderabad City Police Act (for short 'CP Act').
2. The brief facts of the case are that the respondent No.2 -Sub-Inspector of Police in Narayanguda Police Station, lodged a complaint against the petitioner and other accused stating that on 22.09.2023 at 22:00 hours credible information was received that unknown persons are running illegal massage centre in the name of "F2 Thai Spa Massage Centre", located at Old MLA Quarters, Himayath Nagar, Hyderabad, and that the said activity was being carried out without any valid permission and 2 SKS,J Crl.P.No.11269 of 2024 without maintaining any Register. Hence, he informed to superior officers and obtained search proceedings. Then the respondent No.2 along with his staff rushed to the spot and found three female therapist and one male customer. On enquiry, respondent No.2 was informed that they were no qualified physiotherapists in the massage centre and not maintaining the Register in the Massage Centre and they were doing cross massages in the massage centre.
3. After due investigation, the Police filed charge sheet, wherein, the petitioner was arrayed as accused No.6 for offence punishable under Section 188 of IPC and Section 21/76 of CP Act. Aggrieved thereby, this Criminal Petition is filed.
4. Heard Sri J.V.Srinesh, learned counsel for petitioner/accused No.6, and Mr.M.Vivekananda Reddy, learned Assistant Public Prosecutor, appearing for respondents.
5. Learned counsel for petitioner submitted that petitioner is a customer who came to get cross massage 3 SKS,J Crl.P.No.11269 of 2024 done and he had visited the said massage centre for the very first time and without knowing any of the alleged illegalities involved with respect the said massage centre, including that related to cross massage. He asserted that no allegations were leveled against the petitioner neither in the FIR., nor in the charge sheet, as such, Section 188 of IPC and Section 21/76 of CP Act would not attract to the petitioner. Therefore, prayed this Court to allow the Criminal Petition by quashing the proceedings against the petitioner.
6. On the other hand, learned Assistant Public Prosecutor submitted that the allegations leveled against the petitioner, requires trial. As such, prayed this Court to dismiss the Criminal Petition.
7. Having regard to the rival submissions made and on going through the material placed on record, it is noted that petitioner was arrayed as accused No.6 for offence punishable under Section 188 of IPC and 21/76 of the CP Act.
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8. At this stage, it is relevant to note that the offence punishable under Section 188 of IPC can only be prosecuted on the basis of the complaint which is filed by the public servant into the Court. Section 195 of Cr.P.C., prohibits taking cognizance by a Court except on the complaint in writing by a public servant concerned. Therefore, it can be concluded that Section 188 of IPC is not maintainable against the petitioner. Further, no independent witnesses were examined stating that any person was restrained or disturbed due to the acts of petitioner. Further, perusal of record reveals that there are no grounds to maintain Section 21/76 of the CP Act, against the petitioner.
9. That apart, the contents of the complaint would reveal that the primary allegation against the F2 Thai Spa Massage Centre is that they are not maintaining any record in the register with regard to the dates of visits of the customers, their names and their verifiable addresses.
10. Accordingly, the Criminal Petition is allowed and the proceedings against the petitioner/accused No.6 in CC.No.9706 of 2023 on the file of the IX Additional Chief 5 SKS,J Crl.P.No.11269 of 2024 Metropolitan Magistrate, Nampally, Hyderabad, are hereby quashed.
Miscellaneous applications, if any pending, shall also stand closed.
_______________ K. SUJANA, J Date:27.09.2024 Note:
Issue CC by 01.10.2024 B/o.
GV