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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
| Table of Content |
|---|
| 1. criminal petition filed against the backdrop of c.c.no.459 of 2023. (Para 2 , 3 , 4) |
| 2. insufficiency of evidence regarding breach of covid-19 protocols by the petitioner. (Para 5 , 6 , 17 , 19) |
| 3. legal provisions related to the alleged offences. (Para 8) |
| 4. requirement for actual knowledge of the order for a successful charge under section 188 ipc. (Para 9 , 10) |
| 5. legal standards for prosecuting under ipc and the dm act. (Para 11 , 12 , 13 , 20) |
| 6. legal requirements for prosecution under ipc. (Para 21) |
| 7. quashing of proceedings due to insufficient evidence. (Para 22 , 23) |
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
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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