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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. filing of criminal petition under bnss. (Para 2 , 3) |
| 2. accusation details against the petitioner. (Para 4 , 5) |
| 3. insufficient evidence against the petitioner. (Para 6 , 7) |
| 4. legal provisions cited in the case. (Para 8 , 20) |
| 5. legal standards for conviction under ipc section 188. (Para 9 , 10 , 11 , 12) |
| 6. clarification on legal requirements for filing complaints under ipc. (Para 13) |
| 7. legal provisions under disaster management act addressing violations. (Para 14) |
| 8. insufficient basis for allegations. (Para 21) |
| 9. quashing of proceedings against the petitioner. (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.458 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 aforesai
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.
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.
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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