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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Moushumi Bhattacharya
Tandu Srinivas – Appellant
Versus
State of Telangana – Respondent
| Table of Content |
|---|
| 1. description of offences leading to chargesheet (Para 2 , 3 , 4 , 5) |
| 2. discussion on ipc and cr.p.c. procedural requirements (Para 10 , 11 , 12) |
| 3. court ruling on the absence of a valid complaint (Para 20 , 21) |
ORDER :
Moushumi Bhattacharya, J.
1. The petitioners pray for quashing of the proceedings in C.C.No.6 of 2025 for the offences under sections 188, 171 (B) read with 171 (E) and 171(H) of The Indian Penal Code, 1860 (‘ IPC ’).
2. Both the petitioners have been named in the Chargesheet dated 24.05.2024. The C.C. is presently pending on the file of the learned Special Judicial First Class Magistrate for Excise Cases at Manoranjan Complex, Hyderabad (‘Trial Court’).
3. The Chargesheet dated 24.05.2024 arose out of a complaint received on 10.05.2024 at 0400 hours from one Sri G. Venkateshwarlu, Assistant Sub-Inspector of Police, Kachiguda Police Station, Hyderabad. The Complaint states that the complainant had been deployed as the Police Station night duty officer at 2200 hours on 09.05.2024 and that the complainant along with other staff members and Flying Squad-1A Team members was performing vehicle checking at Lingampally X Roads, Kachiguda, Hyderabad from 0200 ho
A valid written complaint by a competent public servant is mandatory to prosecute under IPC sections for disobedience or bribery during elections; failure to comply nullifies ongoing charges.
Prosecution under IPC 188 requires a complaint from the concerned public servant; allegations of bribery were unsubstantiated.
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