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.

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 hours to 0300 hours on 10.05.2024, when at about 0240 hours, the complainant and the others stopped a vehicle bearing No.TS-09-EZ-6633 Fortuner Car (White Colour) coming from Kachiguda X Road to Railway Station Road. On searching the vehicle, they found one bag containing an amount of Rs.10,00,000/- (Rupees Ten Lakhs) suspected to be unaccounted cash. On enquiry, the person in the said car revealed his name to be Tandu Srinivas (petitioner No.1) but he did not provide any proper documents in relation to the cash. On questioning, the petitioner No.1 stated that the four wheeler and the cash of Rs.10,00,000/- belonged to one Sri Boora Narsaiah Goud (petitioner No.2) who was contesting as a candidate of the Bharatiya Janata Party (‘BJP’) from the Bhongir Parliamentary Constituency and that the cash was to be distributed to the voters in the Bhongir Parliamentary Constituency for winning the Elections.

4. A Chargesheet dated 24.05.2024 was filed against the petitioners pursuant to an FIR in Cr.No.178 of 2024 dated 10.05.2024. The Chargesheet reproduces and reiterates the facts stated in the Complaint. The Chargesheet also records that the petitioner No.1 was taken into custody where his confessional statement was recorded in the presence of two mediators. As per the confessional statement, an amount of Rs.10,00,000/- and the four wheeler bearing No.TS-09-EZ-6633 were seized from the possession of the petitioner No.1 in the presence of Flying Squad-1A team members. Thereafter, the petitioner No.1 was brought to the Police Station along with the seized property. A case in Cr.No.178 of 2024 was registered against the petitioners for further investigation. The Chargesheet further records the steps taken during the course of investigation including the recording of the statements of the witnesses, incorporated in Part II of the Case Diary which serve to corroborate the contents of the F.I.R. The Chargesheet further records that the petitioner No.1 admitted to having committed this offence to induce voters to cast their votes in favour of the petitioner No.2 for his election as an M.P. from the Bhongir Parliamentary Constituency in the General Elections to House of People, 2024.

5. The Chargesheet records that while the investigation was in progress, the petitioner No.2 came to the Police Station on 21.05.2024 and surrendered by admitting his guilt. The Chargesheet concludes that from the evidence collected in the investigation, it is revealed that the petitioners are friends and that the petitioner No.2 was contesting as a candidate of the BJP for election as an M.P. from the Bhongir Parliamentary Constituency and as per the instructions of the petitioner No.2, the petitioner No.1 was transporting an amount of Rs.10,00,000/- from Hyderabad to Bhongir to distribut