APHC010604762025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3396]

(Special Original Jurisdiction)

MONDAY, THE NINTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 11687/2025 Between:

1. B ONDA UMA MAHESWARA RAO, PRAJASAKTIHI NAGAR VIJAYAWADA NTR DISTRICT AP ...PETITIONER/ACCUSED AND

1. T HE STATE OF ANDHRA PRADESH, PUBLIC PROSECUTOR HIGH COURT OF AP AT AMARAVATI

2. M RAMKUMAR, SUB INSPECTOR OF POLICE KRISHNA LANKA POLICE STATION NTR DISTRICT AP ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused:

1. YASWANTH GADE Counsel for the Respondent/complainant(S):

1. PUBLIC PROSECUTOR The Court made the following:

THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO:11687 of 2025 ORDER:-

The instant Criminal Petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed, by the Petitioner/Accused No.1 seeking to quash the proceedings against him in C.C.No.679 of 2007 on the file of learned II Additional Chief Metropolitan Magistrate, Vijayawada, for the offences under Sections 143 and 188 of the Indian Penal Code, 1860 (for short ‘IPC’).

2. Heard Sri G.Yaswanth, learned counsel for the Petitioner and Sri K. Sandeep, learned Assistant Public Prosecutor representing the Respondent-State.

3. Learned counsel for the Petitioner would submit that there are no ingredients to attract the offences alleged against the Petitioner. He would further submit that the case has been lodged against the Petitioner alleging that the accused allegedly violated the conditions of the permission issued by the Commissioner of Police, Vijayawada, and conducted the procession beyond the permitted time. Learned counsel further submits that in view of the bar under Section 195 Cr.P.C the present case cannot be registered for the offence under Section 188 IPC. Learned counsel would finally submit that no prima facie case is made out against the Petitioner. Hence, prayed for quashment of the proceedings against the Petitioner.

4. Learned Assistant Public Prosecutor would submit that Court may pass appropriate orders.

5. For ready reference, Sections 141, 143 and 341 IPC are extracted hereunder:

“141. Unlawful assembly.—An assembly of five or more persons is designated an “unlawful assembly”, if the common object of the persons composing that assembly is—

First.—To overawe by criminal force, or show of criminal force, 12[the Central or any State Government or Parliament or the Legislature of any State], or any public servant in the exercise of the lawful power of such public servant; or Second.—To resist the execution of any law, or of any legal process; or Third.—To commit any mischief or criminal trespass, or other offence; or Fourth.—By means of criminal force, or show of criminal force, to any person, to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right; or Fifth.—By means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound to do, or to omit to do what he is legally entitled to do.

Explanation.—An assembly which was not unlawful when it assembled, may subsequently become an unlawful assembly.

143. Punishment.—Whoever is a member of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

339. Wrongful restraint.—Whoever voluntarily obstructs any person so as to prevent that person from proceeding in any direction in which that person has a right to proceed, is said wrongfully to restrain that person.

341. Punishment for wrongful restraint.—Whoever wrongfully restrains any person shall bepunished with simple imprisonment for a term which may extend to one month, or with fine which may extend to f