The absence of a lawful order from a public servant invalidates the FIR for disobedience, and significant delay in lodging the complaint undermines its credibility.

ORDER :

K. LAKSHMAN, J.

Heard Mr. T.V. Ramana Rao, learned counsel for the petitioners - accused Nos.1 to 3 and Mr. Palle Nageswara Rao, learned Public Prosecutor for the State appearing on behalf of the respondents.

2. This Criminal Petition is filed under Section - 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), to quash the proceedings in Crime No.118 of 2024 of Mahadevpur Police Station by calling for records in relation to the said crime.

3. The petitioners herein are arraigned as accused Nos.1 to 3 in the aforesaid Crime. The offences alleged against them are under Section - 223 (b) read with 3 (5) of the Bharatiya Nyaya Sanhita , 2023 (for short ‘BNS’). The aforesaid crime was registered against the petitioners pursuant to the report given by respondent No.2. The allegations made against the petitioners in the said report are as follows:

i. Respondent No.2, who was working as Assistant Executive Engineer at Laxmi Barrage, Medigadda. On 26.07.2024 between 12.30 and 2.00 P.M. on the call given by BRS Party working President, petitioner No.1 herein, along with his associates, BRS Party leaders, petitioner Nos.2 and 3 herein, and their party social media persons and others visited the Medigadda Barrage.

ii. He saw the Drone Visuals taken by the aforesaid persons during their visit in Electronic Media and the same was brought to the notice of Higher Officials.

iii. Medigadda Barrage is an important Project to the Telangana State.

iv. On account of acts of the petitioners, there is a threat to the aforesaid Project.

v. The petitioners did not take any permission for using the said Drone Camera.

vi. There was delay in lodging the report with police.

vii. Therefore, he requested the police of Mahadevpur Police Station to take necessary action.

4. The petitioners filed the present petition to quash the aforesaid proceedings in the crime on the following grounds:

i) The petitioners are innocent of the offences alleged against them;

ii) They did not commit any offence as alleged by respondent No.2 - de facto complainant.

iii) They were falsely implicated due to political rivalry.

iv) To attract an offence under Section - 223 (b) of the BNS, there must be an order promulgated by a public servant, who is lawfully empowered to promulgate such an order and that such an order was violated. In the present case, it is not stated by respondent No.2 that the petitioners violated the order promulgated by a public servant. Therefore, registration of FIR is in violation of the mandatory provisions of Section - 215 (1) (a) of BNS.

v) The visuals referred to by respondent No.2 are not attributable to the petitioners.

5. Respondent No.1 filed counter opposing quashing the proceedings contending:

i) The State Government vide G.O.Ms. No.92, dated 28.12.2019, constituted a committee for identification of critical/strategically important installations in the State to be retained/included in the Digisky Platform in the Red and Yellow Zones at State Level in view of emerging threats from Drones.

ii) The Committee, in a Review Committee Meeting held on 17.02.2020, identified all such critical/strategically important installations including Medigadda Barrage which was included in the Yellow Zone. The said Barrage has also been included in the ‘Digital Sky Platform’.

iii) As per the Drone Rules, 2021, the Ministry of Civil Aviation, Government of India, all the unmanned Aircraft System operations are strictly restricted in the Yellow Zone areas and shall require permission from the concerned Air Traffic Control Authority of Directorate General of Civil Aviation.

iv) Therefore, the petitioners visiting the Medigadda Barrage on 26.07.2024 without obtaining any permission from the concerned authorities of Civil Aviation deliberately operated a drone camera over and in the premises of Barrage and captured visuals.

v) Crime No.174 of 2023 of Mahadevpur P.S. pertaining to the damage caused to the pillars of Medigadda Barrage is under investigation and a Judic