Criminal Petition has been filed under Section 528 Bharatiya Nagarik Suraksha Sanhita Act, 2023 (for brevity the ‘BNSS’) by the Petitioner/Sole Accused, seeking to quash the proceedings against him in STC.No.15 of 2026 on the file of the learned Judicial First Class Magistrate, Udayagiri, SPSR Nellore District.

2. The case of the prosecution is that the De-facto Complainant/LW1 lodged a complaint alleging that on 17.04.2024 at about 20:00 hours at Allampadu Village of Marripadu Mandal, the Accused/Petitioner, namely Mekapati Rajamohan Reddy, voluntarily organized and conducted a “Racha Banda” programme by using loudspeakers, amplifiers, and sound systems without obtaining prior permission from the competent authorities as required under the prevailing election regulations and administrative instructions, and that during the said programme the accused made statements and created an atmosphere intended to promote enmity and hatred between different classes of people in the context of the ongoing elections, thereby allegedly violating the Model Code of Conduct and the lawful orders issued by the competent authorities; it is further alleged that the incident was published in reputed newspapers, namely Eenadu and Andhra Jyothi, pursuant to which the District Election Officer-cum-Returning Officer, Nellore, directed an inquiry, and upon such inquiry a detailed report was submitted confirming the alleged violations of election regulations and Model Code of Conduct guidelines, leading to registration of Crime No.52 of 2024 dated 22.04.2024 at Marripadu Police Station for offences under Section 188 of ‘the I.P.C.,’ and Sections 123 and 125 of the Representation of the People Act, 1951; in the investigation, the Investigating Officer examined LW1 to LW6, recorded their statements under Section 161(3) of ‘the Cr.P.C.,’ inspected the scene of offence, prepared a rough sketch, and issued notices under Section 41-A of ‘the Cr.P.C.,’ and thereafter, upon completion of investigation, LW8 filed the charge sheet in STC No.15 of 2026 against the Petitioner/Accused alleging that the materials collected in investigation prima facie disclose commission of the said offences warranting prosecution.

3. Sri V. Vinod K Reddy, the learned Counsel for the Petitioner submits that the registration of FIR No.52 of 2024 for the offence under Section 188 of ‘the I.P.C.,’ is ex facie illegal in view of the bar under Section 195(1)(a)(i) of ‘the Cr.P.C.,’ which mandates that cognizance can be taken only on a written complaint by the concerned public servant and not on the basis of a police report. It is contended that the police lacked jurisdiction to register the FIR, investigate the matter, and file the charge sheet in STC No.15 of 2026, thereby rendering the entire proceedings unsustainable and liable to be quashed. It is further argued that the prosecution is founded solely on distorted newspaper publications and unverified media reports relating to the “Racha Banda” programme conducted on 17.04.2024.

4. Learned Counsel for the Petitioner further submits that the inquiry conducted by the MPDO and MCC Nodal Officer was mechanical and biased, as it relied only on newspaper clippings without examining independent witnesses or verifying the alleged incident at the spot. The prosecution has failed to establish the ingredients of Sections 123 and 125 of the Representation of the People Act, 1951 (for brevity ‘the Act’), since there is no material showing corrupt practices or promotion of enmity in connection with elections. In the absence of cogent evidence and with only official witnesses being examined, the allegations are inherently improbable and continuation of the proceedings amounts to abuse of process of Court.

5. Per contra, Sri A.Sai Rohith, learned Assistant Public Prosecutor submits that the Petitioner conducted a “Racha Banda” programme on 17.04.2024 at Allampadu Village without obtaining prior permission during the Model Code of Conduct period, there