ORDER :

The present Criminal Petition is filed under Section - 482 of the Code of Criminal Procedure, 1973, to quash the proceedings against the petitioners in Crime No.121 of 2021 of Naspur/CCC Police Station, Ramagundam District.

2. The petitioners herein are accused Nos.1 to 7 in the said Crime. The offences alleged against them are under Sections – 188, 186 of IPC, Section - 3 of the Epidemic Diseases Act, 1897 (for short ‘E.D. Act’) and Section - 51 (b) of the Disaster Management Act, 2005 (for short D.M. Act) respectively.

3. Heard Mr. D. Pochaiah, learned counsel for the petitioner and learned Assistant Public Prosecutor appearing on behalf of respondent Nos.1 to 3 - State.

4. CASE OF PROSECUTION:

As per the contents of complaint, on 25.04.2021 at about 11.00 hours, complainant, Sub-Inspector of Police, Naspur, along with his party, went to Dooragaripalli village of Mancherial Mandal to apprehend petitioner No.1 herein in Crime No.116 of 2021 registered for the offence under Sections - 447, 427 and 506 of IPC on the complaint lodged by mother of respondent No.4 and reached the house of petitioner No.1. In the mean while, petitioner No.1 along with other petitioners obstructed the legitimate duties of complainant in not arresting petitioner No.1, and thereby all the petitioners disobeyed G.O.Ms.No.82, dated 11.04.2021 issued by the Government of Telangana by not wearing the face masks in public place. Accordingly, the complainant registered the aforesaid crime suo-moto against the petitioners herein for the aforesaid offences.

5. CONTENTIONS OF PETITIONER:

i) Mr. D. Pochaiah, learned counsel for the petitioners, would submit that there is a civil dispute pending between the petitioners and respondent No.4 and others in respect of land in Survey No.191/3a, to an extent of Acs.2.02 guntas, situated at Dorgaripalli, Garmilla Shivar, Mancherial Mandal and District vide O.S. No.112 of 2021 on the file of learned Principal Junior Civil Judge, Mancherial. In the said case, the learned Junior Civil Judge passed interim injunction in I.A. No.362 of 2021 on 08.04.2021 against respondent No.4 and others. The petitioners brought to the notice of the complainant, respondent No.4 and other authorities about the passing of the said order.

ii) Learned counsel would further submit that complaint dated 13.04.2021 was given to respondent No.2, but they did not act upon it. Then, the petitioners filed private complaint before the learned Magistrate under Section - 200 of Cr.P.C. who in turn referred it to the police for investigation. Thereupon, a case in Crime No.166 of 2021 was registered against respondent No.4 and others on 02.06.2021. He would further submit that to take revenge against the petitioners, respondent No.4 herein got foisted the present Crime No.121 of 2021 against the petitioners.

iii) Learned counsel would further submit that the petitioners are innocent of the offences alleged against them. The complaint does not attract the ingredients of offences alleged against the petitioners.

iv) With the aforesaid submissions, the learned counsel sought to quash the proceedings in the present crime against the petitioners.

6. CONTENTIONS ON BEHALF OF PROSECUTION:

i) Learned Assistant Public Prosecutor would submit that there are specific allegations against the petitioner herein. There are triable issues to be investigated into by the Investigating Officer. The petitioners have to prove their innocence. The defence taken by the petitioners may not be considered in the present petition filed under Section - 482 of Cr.P.C.

ii) With the aforesaid submissions, learned Assistant Public Prosecutor sought to dismiss the present petition.

7. FINDING OF THE COURT:

i) The main allegation against the petitioners herein by the complainant, Sub-Inspector of Police, is that when he went to the house of petitioner No.1 for arresting him in Crime No.116 of 2021, petitioner No.1 and other petitioners obstructed him in discharging his duties to arrest petitione