The court emphasized the necessity of establishing mens rea and provocation in cases of alleged public insult and mischief under the Bharatiya Nagarik Suraksha Sanhita, 2023.

ORDER :

(K. LAKSHMAN, J.)

Heard Mr. T.V. Ramana Rao, learned counsel for the petitioner, learned Assistant Public Prosecutor and Sri T.Bala Mohan Reddy, learned counsel appearing for 2^nd respondent.

2. The present Criminal Petition is filed under Section - 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘ BNS S ’) to quash the proceedings in Cr.No.205 of 2024 of P.S. Utnoor, Adilabad District. The offences alleged against the petitioner herein are punishable under Sections 352 , 353 (2), 356(2) of the Bharatiya Nyaya Sanhita, 2023 ( BNS ).

3. Contents of the complaint, dated 03.10.2024 of 2^nd respondent, a Member of Indian National Congress Party, are that she is having a very good rapport with the neighbouring Maharashtra people. Since 30.09.2024, several people from Maharashtra have enquired with her about a news which was widely circulated in print, electronic and social media in which the Congress Party is accused of siphoning Rs.25,000 Crore from Musi Project in Hyderabad and they shared copies of the news published in the newspapers on 01.10.2024. They stated with her that there are also video clips. On her enquiry, she came to know that BRS Working President Mr. K. Taraka Rama Rao, MLA, the petitioner herein, addressed a press conference at his party office in Banjara Hills, visited an area called Kishanbagh in Hyderabad on 30.09.2024 and made statements that the present Chief Minister of Telangana with an intention to come to power, has given so many assurances but keeping aside all the assurances, he has fallen on Musi River. He further stated that to save his chair, the Chief Minister, out of Rs 1,50,000 Crores project, planning to send an amount of Rs 25.000 Crores to Delhi Congress. That is why they are driving away. The liars are speaking in such a way as to disturb the reputation and responsibility of the Congress Party and giving wrong signal to the people of Telangana. The Chief Minister also speaking in such a way that lowers the level of the Chief Minister.

4. The Police Utnoor, on preliminary enquiry, registered the said complaint as a case in Cr.No.205 of 2024 against the petitioner herein for the aforesaid offences.

5. Learned counsel for the petitioner would contend that the entire allegations made in the complaint are absolutely false and fabricated for the purpose of foisting a false case against the petitioner. The petitioner an is innocent. There is no intent of mens rea on the part of the petitioner so as to attract the provisions of the offences alleged against him. Even the allegation that the petitioner made the Congress Party an accused of siphoning Rs.25,000 Crores from Musi Project in Hyderabad, by itself does not amount to an act of intentional insult, intending or knowing it to be likely that such words would provoke the person insulted and that such provocation would cause him to break the public peace or to commit any offence under Section 352 of BNS . The complaint is silent on the suspect of who is the person, who has been insulted and that such person would break the public peace or commit any other offence. There is no rumour or alarming news circulated by the petitioner. There is no intent to create or promote feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities by making, publishing or circulating any statement or report containing rumour or alarming news attributable to the petitioner and that such rumour or alarming news has the propensity to create or promote feelings of enmity or hatred