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K. SUJANA
Shaik Shadullah – Appellant
Versus
State of Telangana – Respondent
ORDER :
(K. Sujana, J.) :
This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (for short ‘BNSS’) to quash the proceedings against the petitioners/accused Nos.1 to 4 in C.C.No.78 of 2020 on the file of the learned I Additional Judicial Magistrate of First Class, Nizamabad, registered for the offences punishable under Sections 341, 186 and 506 of the Indian Penal Code, 1860 (for short ‘IPC’).
2. The brief facts of the case are that respondent No.2- Head Constable of II Town Police Station, Nizamabad, registered the case against the petitioners stating that on receipt of information from SB Control that PFI (Popular Front of India) party meeting will take place in the II-Town area, he proceeded to Quilla Road in Nizamabad to gather relevant information. It is further asserted that the petitioners approached respondent No.2, obstructed his legitimate duties and threatened with dire consequences and questioned, why you are enquiring about us, therefore, a complaint was lodged against the petitioners and the same was numbered as Crime No.91 of 2019 for the offences punishable under Sections 341, 186 and 506 of IPC. After completion of investigation, the
Proceedings under IPC Section 186 require a written complaint from a public servant; failure to comply renders the proceedings invalid.
Prosecution for offences under Section 186 I.P.C. requires a prior written complaint by a public servant, which, if absent, nullifies subsequent legal proceedings.
Cognizance of offences under Section 188 of IPC requires a written complaint from a competent public servant, making the proceedings initiated without such a complaint liable to be quashed.
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