Proceedings against accused in criminal cases must establish knowledge of the alleged public order violations; lack of evidence led to quashing of charges.

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:-

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, 2^nd respondent, Sub Inspector of Police, Saifabad Police Station, Hyderabad along with other police personnel were on bandobasthu duties. At about 12.05 hrs, all of a sudden, around 150 BJP Members including the petitioners herein/ A.1 to A.21 obstructed the public on road in front of GHMC Head Office, without any permission and without following COVID guidelines. Out of them, A.1 is T. Raja Singh, MLA, A.2 is Chinthala Ramchandra Reddy, Ex-MLA and A.3 is NVSS Prabhakar, Ex-MLA and others are also holding different cadres in the BJP party. Despite their request to stop dharna, accused persons did not heed their words and they used force on the police. Then, 2^nd respondent lodged a complaint with the Police, Saifabad Police Station, who in turn, registered a case in Cr.No.289 of 2021 for the aforesaid offences and after completion of investigation, the Investigating Officer laid charge sheet before I Additional Metropolitan Sessions Judge, at Nampally, Hyderabad, who numbered the same as C.C.No.473 of 2023.

5. CONTENTIONS OF THE PETITIONERS

i. The petitioners were falsely implicated in the present case basing on false allegations.

ii. The Investigating Officer has filed charge sheet in routine manner but he has not conducted investigation properly.

iii. The contents of the complaint and statements of the witnesses lack the ingredients of the offences alleged against the petitioners.

iv. The trial Court took cognizance of the offences alleged without applying judicial mind.

v. Continuation of proceedings in the present CC is nothing but abuse of process.

vi. There is no prima facie evidence on record to support the case of prosecution.

With the said submissions, they sought to quash the proceedings in the present CC.

6. CONTENTIONS ON BEHALF OF PROSECUTION

(i) Learned Assistant Public Prosecutor would submit that there are specific allegations against the petitioners herein. The contentions raised by the petitioners are triable issues to be considered by the trial Court only after full-fledged trial, but not at this stage. The petitioners have to face trial and prove their innocence. The Investigating Officer has recorded the statements of 5 witnesses and on consideration of the same only, he has laid charge sheet against the petitioners. 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 counsel representing learned Public Prosecutor, sought to dismiss the present petition.

7. FI