Telangana High Court
Azmat Ali Ansari, vs The State Of Telangana on 30 October, 2025
THE HONOURABLE SMT. JUSTICE TIRUMALA DEVI EADA
CRIMINAL PETITION No.14076 of 2025
ORDER:
This Criminal petition is filed by the petitioners/accused Nos.4, 5 and 8 under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS, 2023') seeking quashment of proceedings in C.C.No.2156 of 2024 on the file of learned X Additional Chief Metropolitan Magistrate, Secunderabad, registered for the offences under Section 188 of Indian Penal Code, 1860 (for short 'IPC') and Section 21/76 of City Police Act, 1348 F (for short 'CP Act').
2. Heard Sri B.A.Prakash Reddy, learned counsel for the petitioners as well as Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent-State.
3. The brief facts of the case are that the respondent No.2- Sub Inspector of Police, Domalguda Police Station lodged a complaint against the petitioners stating that on 22.09.2023 at about 18:00 hours, credible information was received that unknown persons are running illegal massage parlour in the name of "Yantra Spa" located at H.No.3-6-524/A/6, Zee Plaza, Oriental bank Complex, Opposite Minerva Coffee Shop, Himayath Nagar, Hyderabad, and that the said activity was being carried out without any valid permission. Hence, he informed to superior officers and obtained search proceedings. Then respondent No.2 along with his 2 ETD,J Crl.P.No.14076_2025 staff rushed to the spot and found four female workers and eight male persons. On enquiry, respondent No.2 was informed that there 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. After the investigation, the police filed charge sheet, wherein, the petitioners were arrayed as accused Nos.4, 5 and 8 for the offence punishable under Section 188 of IPC and Section 21/76 of CP Act.
4. Learned counsel for petitioners submitted that petitioners are the customers who came to get cross massage done and they 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 levelled against the petitioners 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 petitioners.
5. Learned Additional Public Prosecutor submitted that the allegations levelled against the petitioners require trial and as such prayed this Court to dismiss the criminal petition.
6. Perused the record.
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ETD,J Crl.P.No.14076_2025
7. Having regard to the rival submissions and going through the material placed on record, it is noted that the petitioners were arrayed as accused Nos.4, 5 and 8 for the offences punishable under Section 188 of IPC and 21/76 of the CP Act. 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 petitioners. Further, no independent witnesses were examined stating that any person was restrained or disturbed due to the acts of petitioners. Further, perusal of record reveals that there are no grounds to maintain Section 21/76 of the CP Act against the petitioners.
8. The contents of the complaint would reveal that the primary allegation against the Yantra 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.
9. Learned counsel for petitioners stated that regarding the same issue, a Co-ordinate Bench of this Court passed an order dated 27.09.2024 in Criminal Petition No.11269 of 2024, in which 4 ETD,J Crl.P.No.14076_2025 this Court allowed the petition and quashed the proceedings against the petitioner/accused therein.
10. Considering the submissions and in view of the order passed by this Court on 27.09.2024 in Criminal petition No.11269 of 2024, this Criminal Petition is allowed and the proceedings against the petitioners/accused Nos.4, 5 and 8 in C.C.No.2156 of 2024 on the file of learned X Additional Chief Metropolitan Magistrate, Secunderabad, are hereby quashed.
Miscellaneous petitions, pending if any, shall stand closed.
___________________________ JUSTICE TIRUMALA DEVI EADA October 30, 2025 lk