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IN THE HIGH COURT OF TELANGANA
K.LAKSHMAN
T.Raja Singh – Appellant
Versus
State of Telangana – Respondent
ORDER :
K. LAKSHMAN, J.
Heard Mr. Gummala Bhasker Reddy, learned counsel for the petitioners and Smt. Shalini Saxena, learned counsel representing Sri Palle Nageshwar Rao, learned Public Prosecutor appearing for respondent No.1.
2. The present criminal petition is filed by the petitioners to quash the proceedings in C.C. No.473 of 2023 pending on the file of the I Additional Metropolitan Sessions Judge at Nampally, Hyderabad.
3. The petitioners herein are arraigned as accused Nos.1 to 21 in the aforesaid C.C. The offences alleged against them are under Sections -143, 147, 341, 447, 152, 188, 269 read with 149 of IPC, Section 51 (1) (b) of Disaster Management Act, 2005 ( for short, ‘DM Act’), and Section 3 of EPIDEMIC DISEASES ACT , 1897. The aforesaid Sections are akin to the Sections of the Bharatiya Nyaya Sanhita, 2023 (BNS) which are as follows:-
| IPC | BNS |
| 141 | 189 |
| 143 | 189(2) |
| 146 | 191 |
| 147 | 191(2) |
| 152 | 195 |
| 188 | 223 |
| 269 | 271 |
| 339 | 126 |
| 341 | 126(2) |
| 441 | 329 |
| 447 | 329 (3) |
4. The case of the prosecution is that on 18.06.2021 on credible information that the BJP Members staging a dharna at GHMC Head Office with a demand to remove the illegal constructions on NALAs and for the cleaning NALAs in GHMC Limits, 2nd respondent, Sub I
Proceedings against accused in criminal cases must establish knowledge of the alleged public order violations; lack of evidence led to quashing of charges.
A charge under Indian Penal Code Section 188 requires proof that the accused had actual knowledge of the promulgated order; failure to establish this renders the proceedings unsustainable.
Prosecution under Section 188 IPC requires proof of the accused's actual knowledge of the public order violated; absence of evidence and independent witness testimony invalidates charges.
The court quashed proceedings against the petitioners due to insufficient evidence establishing elements of the alleged offences, emphasizing reliance on independent witness statements.
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