HYDERABAD: Justice N Tukaramji of the Telangana High Court has dismissed two criminal petitions filed by police officers, seeking quashing of criminal proceedings arising out of allegations of illegal detention, coercion and abuse of authority against an advocate over social media posts criticising police action during public examinations.
The judge was hearing petitions filed by Rupavath Pavan, Sub-Inspector of Police presently attached to Bandlaguda Police Station, and Namindla Shankar, Inspector of Police of Begum Bazar Police Station, challenging proceedings pending before the XVII Additional Chief Metropolitan Magistrate, Nampally in CC Nos. 8730 and 8731 of 2024.
The dispute originated from social media posts of advocate K Vijay Gopal criticising prohibitory orders imposed under Section 144 CrPC. Based on the posts, police had registered an FIR in 2023 under Sections 504 and 505(2) IPC and issued notices under Section 41-A CrPC. That FIR was later quashed by the high court.
Subsequently, Vijay Gopal filed private complaints alleging illegal detention prior to registration of the FIR, coercive obtaining of acknowledgment under Section 41-A CrPC, wrongful confinement and misuse of police powers.
Rejecting the quash plea, the court held that the allegations, if taken at face value, prima facie disclose cognizable offences, including wrongful confinement and abuse of authority.
The court observed that protection under Section 197 CrPC is unavailable where acts alleged are manifestly illegal or amount to abuse of official position.
