HC quashes cases against OU Arts College principal

Metro India News | Hyderabad 

In a significant judgment upholding procedural safeguards and fundamental rights, the High Court of Telangana has quashed two criminal cases registered against Professor C. Kasim, Principal of the Arts College, Osmania University.

The Criminal Petitions, Crl.P. No. 7888 of 2024   and Crl.P. No. 7889 of 2024  , were allowed by the Hon’ble Court, presided over by Hon’ble Justice Tukaram.

Background of the Case

Professor C. Kasim was implicated in criminal cases alleging that he conducted a dharna within the Osmania University premises, purportedly in violation of an order promulgated by the Registrar prohibiting such protests on campus. The offences invoked included Section 188 IPC (disobedience to order duly promulgated by a public servant).

Legal Submissions

The matters were argued by Advocate T. Rahul, who contended that:

n Section 188 IPC falls within the ambit of Section 195 of the Code of Criminal Procedure.

n Section 195 CrPC creates a statutory embargo on courts taking cognizance of offences under Section 188 IPC except upon a complaint in writing by the concerned public servant.

n In the present case, the Registrar — being the competent public servant — ought to have filed a complaint directly before the jurisdictional Magistrate.

n Registration of FIRs by the police based on information given to the police station was in clear violation of the mandatory bar under Section 195 CrPC.

Findings of the Hon’ble High Court

Upon perusing the offences alleged and considering the legal submissions advanced, the Hon’ble High Court held that the procedural mandate under Section 195 CrPC had not been complied with. Recognizing the statutory embargo, the Court quashed both criminal proceedings against Professor C. Kasim.

The quashing of the cases safeguards not only the procedural rights of the accused but also upholds the broader constitutional principles protecting individual liberty and lawful dissent.

T.Rahul,  Advocate High Court of Telangana