Kommirishetty Purushotham vs The State Of Telangana & Anr.

This Criminal Petition has been filed seeking to quash the proceedings in F.I.R.No.322 of 2026 of Yacharam Police Station, Future City, wherein the petitioner has been arrayed as accused No.1 for the offence punishable under Section 288 of the Bharatiya Nyaya Sanhita, 2023.

Heard Mr.Y.Bala Murali, learned counsel for the petitioner, and Mr.V.Jithendar Rao, learned Additional Public Prosecutor appearing for the respondents.

During the course of hearing, the learned Additional Public Prosecutor, basing upon the oral instructions received from the concerned officer, submitted that the Investigating Officer after conducting the investigation, filed the final report before the learned I Additional Junior Civil Judge-cum-XVI Additional Judicial Magistrate of First Class, Ranga Reddy District, at Ibrahimpatnam, on 04.11.2026, and the C.C. number is awaited and the seized stocks, namely, explosive substances (crackers) were surrendered before the said Court under Form-60. He further submitted that seized stocks are under the safe custody of respondent No.2. Therefore, the present Criminal Petition, seeking quashing of the proceedings in F.I.R. No.322 of 2026, is not maintainable.

At this juncture, learned counsel for the petitioner requested this Court to grant liberty to the petitioner to seek quashing of the proceedings arising out of the final report, as and when the cause arises, by raising all the grounds, including which were pleaded in the present Criminal Petition. He further requested this Court to direct respondent No.2 to release the seized stocks on the ground that the petitioner had purchased the said stocks worth Rs.2,00,000/- by borrowing money from private financiers for the purpose of selling the same during the Diwali festival. He further submitted that the Diwali festival was scheduled to commence from the following day i.e., 07.11.2026 and unless the seized stocks was released in favour of the petitioner, he would be put to great hardship.

Learned Additional Public Prosecutor submitted that, under normal circumstances, the petitioner ought to have filed an application before the learned Magistrate seeking release of the seized stocks. However, taking into consideration the peculiar circumstances, the request of the petitioner may be considered subject to the imposition of reasonable conditions.

In view of the above submissions, the petitioner is granted liberty to avail the remedies as available under law, as and when the cause arises, by seeking quashing of the proceedings arising out of the final report dated 04.11.2026, by raising all the grounds, including the grounds which were pleaded in the present Criminal Petition.

Insofar as the other relief, i.e., release of the seized stocks, is concerned, taking into consideration the peculiar facts of the case and special circumstances that the specific claim of the petitioner that he had invested a substantial amount of Rs.2,00,000/- towards the purchase of the seized stocks for sale during the Diwali festival, which is scheduled to commence on 07.11.2026, and the period from 07.11.2026 to 10.11.2026 falls during Court holidays and also to render substantial justice to the parties, this Court, while exercising the powers conferred under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is inclined to direct respondent No.2 to release the seized stocks in favour of the petitioner, subject to the following conditions:

With the above directions, the Criminal Petition is disposed of. It is needless to mention that this order shall not be treated as a precedent in any other case, under any circumstances.

Pending miscellaneous applications, if any, shall stand closed.