Telangana HC relief for students booked for staging protest

Their counsel argued that there was no criminal intent, no unlawful assembly, and the charges lacked essential ingredients of the alleged offences.
Telangana HC
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HYDERABAD: Justice K Lakshman of the Telangana High Court has quashed criminal proceedings against 10 students, who were booked by the Banjara Hills police for holding a demonstration against change in the criteria for the police recruitment. The court observed that continuing the case would amount to an abuse of legal process.

The students were booked for offences punishable under various sections of the IPC for alleged unlawful assembly outside the Integrated Command and Control Centre (ICCC) building and attempt to enter the premises on February 3, 2023.

The petitioners, all students preparing for competitive exams, contended that they were protesting peacefully against sudden changes to the police recruitment criteria, particularly affecting candidates who had cleared the 1,600 and 800 meter run. Their counsel argued that there was no criminal intent, no unlawful assembly, and the charges lacked essential ingredients of the alleged offences.

They also pointed out the absence of statements from independent witnesses and alleged that the case was politically motivated. Opposing the plea, the public prosecutor argued that the petitioners caused public inconvenience and obstructed traffic.

However, after examining the record and relevant precedents, Justice Lakshman concluded that the continuation of the proceedings would serve no purpose and amounted to misuse of legal process. Accordingly, the criminal case was quashed against the 10 petitioners who had approached the court. The court clarified that the proceedings will continue against the remaining accused who had not sought relief.

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