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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K. SUJANA
Legala Srinivas – Appellant
Versus
State of Telangana – Respondent
ORDER :
K. SUJANA, J.
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) by the petitioner/accused, to quash the proceedings against him in C.C.No.2033 of 2021 on the file of Additional Judicial Magistrate of First Class at Jagtial, for the offences punishable under Section 353 of IPC.
2. The brief facts of the case are that on 05.10.2021 at about 12.15 p.m., respondent No.2 as a part of his duties,stopped one Mahindra Verito Car bearing No.AP 15 AY 2244 being driven by the petitioner. When the said vehicle was checked, it is found that eight (08) challans were pending in respect of the said vehicle. As such, respondent No.2 asked the petitioner to pay the pending challans, however, the petitioner questioned the authority of respondent No.2 in filthy language. Hence, based on the complaint, a case was registered in Crime No.462 of 2021 before the Jagtial Town Police Station, Jagtial District and after completion of investigation, charge sheet was filed vide C.C.No.2033 of 2021 before the Additional Judicial Magistrate of First Class at Jagtial.
3. Heard Sri P.Giri Krishna, learned Counsel for the Petitioner and Sri S. Ganes
Essential ingredients of assault under Section 353 IPC must be proven, including the use of criminal force against a public servant, which was not demonstrated in this case.
The essential elements of assault under Section 353 IPC must be clearly established; mere allegations without evidence do not suffice for prosecution.
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