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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
TIRUMALA DEVI EADA
Shaik Majeed Mujahid – Appellant
Versus
State of Telangana – Respondent
| Table of Content |
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| 1. criminal proceedings initiated against the petitioner for violating lockdown orders. (Para 1 , 3) |
| 2. arguments over jurisdiction and complaint validity in criminal proceedings. (Para 4 , 6) |
| 3. court's reasoning on the invalidity of the proceedings under section 188 ipc. (Para 5 , 8) |
| 4. sections 188 of ipc and 195 of cr.p.c. explained regarding public servant complaints. (Para 7) |
| 5. the court quashed the proceedings against the petitioner. (Para 9 , 10) |
ORDER :
1. This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking the Court to quash the proceedings against the petitioner/accused No.1 in C.C.No.1325 of 2021, on the file of the learned I Additional Judicial Magistrate of First Class, Jagtial District, registered for the offences punishable under Sections 188, 353 and 285 of IPC and Section 51(b) of Disaster Management Act, 2005.
2. Heard Mr. Shaik Muhammed Abed, learned counsel for petitioner/accused No.1 as well as Sri Jithender Rao Veeramalla, the learned Additional Public Prosecutor appearing for the respondent No.1-State.
3. The facts of the case in brief are that, on 28.05.2021 at 11:30 hours, when the complainant, wh
Cognizance of offences under Section 188 of IPC requires a written complaint from a competent public servant, making the proceedings initiated without such a complaint liable to be quashed.
Proceedings under IPC Section 186 require a written complaint from a public servant; failure to comply renders the proceedings invalid.
The main legal point established is that charges under Sections 188, 269, and 270 IPC cannot be initiated without a written complaint as per Section 195 of CrPC, and the court has the inherent jurisd....
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