Telangana High Court
Gudiboina Dargaiah vs The State Of Telangana on 16 March, 2026
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO
CRIMINAL PETITION No.3449 of 2026
Date: 16.03.2026
Between:
Gudiboina Dargaiah and two others
...Petitioners/accused Nos.1 to 3
AND
The State of Telangana,
Rep. by its Public Prosecutor,
High Court of Judicature at Hyderabad
Through Police Station Khammam Rural,
Khammam District and another
...Respondents
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.1060 of 2021 on the file of the II Additional Judicial First Class Magistrate at Khammam, Khammam District for the offences under Sections 143, 341, 186, and 290 read with 149 of the Indian Penal Code, 1860 (for short 'IPC').
2. Heard Mr. D. Kishore Kumar, learned counsel for petitioners and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondents.
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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 offence under Section 143 of the IPC are not attracted against the petitioners. He further submitted that as per the provisions under Section 141 of IPC, gathering of five (5) or more persons is designated as unlawful assembly, whereas, in the case on hand, the petitioners are three (3) in number. However, the ingredients for the offence under Section 143 of the IPC are not attracted. He further submitted that even according to the allegations made under Sections 341, 186, 290 read with 149 of the IPC are also not attracted against the petitioners. The petitioners made protest only to arrest one rowdy sheeter by name Mr. Anthoti Srinu, and they have not intervened any official duties of the police. He further submitted that subsequent to filing of the final report, the above said rowdy sheeter died. Hence, the continuation of proceedings against the petitioners is a clear abuse of process of law.
4. Per contra, the learned Additional Public Prosecutor submitted that there are specific allegations leveled against the petitioners.
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Whether the petitioners have committed the alleged offences or not, the same has to be revealed after full-fledged trial. Hence, the petitioners are not entitled to seek quashment of the proceedings.
5. This Court considered the rival submissions made by the respective parties and perused the material available on record. It is relevant to extract Section 141 of the IPC, which reads as under:
"Section 141 of IPC:- It defines the term 'unlawful assembly' as an assembly of five or more person having a common object to perform an unlawful act or a lawful act through unlawful means."
6. The above said provision clearly envisages that to attract the ingredients for the offence under Section 141 of the IPC, assemble of five (5) or more persons is required, even according to the prosecution, the petitioners are only three (3) in number, especially they have raised a protest to take action against one rowdy sheeter by name Mr. Anthoti Srinu. Hence, this Court is of the considered view that the ingredients for the offence under Section 143 of the IPC does not attract against the petitioners.
7. It is also the specific case of the petitioners is that they have not raised any slogans against the police officials nor they have intervened their official duties nor caused any inconvenience to them.
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Even according to the learned counsel, the rowdy sheeter, namely Mr. Anthoti Srinu is no more.
8. For the foregoing reasons, continuation of the proceedings in C.C.No.1060 of 2021 against the petitioners/accused Nos.1 to 3 is a clear abuse of process of law. Accordingly, the criminal petition is allowed and the proceedings against the petitioners/accused Nos.1 to 3 in C.C.No.1060 of 2021 on the file of the II Additional Judicial First Class Magistrate at Khammam, Khammam District, are hereby quashed.
Pending miscellaneous applications, if any, shall stand closed.
_____________________ J.SREENIVAS RAO, J Date: 16.03.2026 Note:
Issue CC in 10 days B/o.gnp