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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
ANIL KUMAR JUKANTI
Konda Vishweshwar Reddy, S/o. Konda Madhava Reddy – Appellant
Versus
State of Telangana Rep., By its Public Prosecutor, High Court Of Telangana at Hyderabad – Respondent
ORDER :
ANIL KUMAR JUKANTI, J.
This Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (for short ‘BNSS’) by petitioner/accused No.1 to quash the proceedings against him in C.C.No.281 of 2022 on the file of The Special Judicial First Class Magistrate for trial of Excise Cases, Manoranjan Complex, Nampally, Hyderabad.
2. Heard Mr. B.Balaji, learned counsel for petitioner/accused No.1 and Mr. E.Ganesh, Assistant Public Prosecutor for respondent No.1–State.
3. On the basis of complaint of respondent No.2 (Machineella Ram Babu, Flying Squad In-charge Team No.1, Vikarabad), an FIR bearing No.69 of 2019 came to be registered on 12.03.2023 for the offences under Section 188 of Indian Penal Code, 1860 (for short ‘IPC’). It is stated in the complaint that respondent No.2, while performing his duties, at 11:00 hours, came across a hunger strike being undertaken in an open place opposite to RDO office, Vikarabad, by the followers of a national party. That petitioner/accused No.1 (MP Chevalla) along with other accused (accused No.2 - Ex-MLA Pargi, accused No.3 - MLA Tandur, accused No.4 - Ex-Minister, Vikarabad, and accused No.5 – Vikarabad Congress Party Town P
Disobedience to order duly promulgated by public servant – Magistrate cannot take cognizance of offence punishable under Section 188 IPC upon police report, though offence under Section 188 IPC is co....
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....
(1) Voluntarily obstructing public servant from discharge of his public functions – Section 195(1)(a)(i) of Cr.P.C. bars court from taking cognizance of any offence punishable under Sections 172 to 1....
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