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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K.LAKSHMAN
Mankena Chinna Koti Reddy – Appellant
Versus
State of Telangana – Respondent
ORDER :
K. LAKSHMAN, J.
Heard Sri Katika Ravinder Reddy, learned counsel for the petitioner and Smt. Shalini Saxena, learned counsel representing the learned Public Prosecutor appearing on behalf of respondent No.1 - State.
2. This Criminal Petition is filed under Section - 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘ BNSS ’) to quash the proceedings in C.C.No.459 of 2023 pending on the file of Special Judicial Magistrate of First Class for Excise Cases at Hyderabad against the petitioner herein - accused No.2.
3. The petitioner herein is arraigned as accused No.2 in the aforesaid C.C.No.459 of 2023. The offence alleged against him is under Sections-188 and 269 of the INDIAN PENAL CODE (for short ‘IPC’) and Section 51 (b) of the Disaster Management Act, 2005.
4. On the complaint, dated 11.04.2021 lodged by respondent No.2, the Police, Thirumalagiri (S) have registered a case in Crime No.106 of 2021 against the petitioner and others for the aforesaid offences. In the said complaint, dated 11.04.2021, respondent No.2 alleged that as per the instructions of Sub-Inspector of Police, Thirumalagiri, he, along with L.W.2, were conducting patrolling duty during bye-elections
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.
Proceedings against accused in criminal cases must establish knowledge of the alleged public order violations; lack of evidence led to quashing of charges.
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