A lawful order is a prerequisite for a conviction under Section 188 IPC; absence of authority leads to quashing of proceedings.

ORAL ORDER

This Criminal Petition is filed under Section - 528 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short ‘ BNSS ’) to quash the proceedings in C.C. No.427 of 2024 pending on the file of Judicial Magistrate of First Class for Excise at Nampally, Hyderabad, against the petitioners herein - accused Nos.1 to 3, 5, 6 and 8.

2. Heard Mr. T.V. Ramana Rao, learned counsel for the petitioners and Sri Palle Nageswar Rao, learned Public Prosecutor appearing on behalf of respondent No.1 - State.

3. The petitioners herein are arraigned as accused Nos.1 to 3, 5, 6 and 8 in the aforesaid C.C. No.427 of 2024. The offence alleged against them is under Section - 188 of IPC .

4. The allegations levelled against the petitioners herein are while respondent No.1 was discharge patrolling duty he being Sub- Inspector of Police in Charminar Police Station, on 30.05.2024 in the morning hours, along with LWs.2 to 5 from Charminar to Madina Junction, he received an information from accused Nos.1 and 2 that they are organizing a Press Conference at Charminar Monument along with accused No.3. At about 11.30 A.M., it was found that some of the Party workers of Bharatiya Rashtra Samithi (BRS) more than 80 persons gathered at Charminar. In the meantime, accused Nos.3 along with 4 to 8 came in the form of Convoy got down at Gulzar House and proceeded on walk towards Charminar Monument. In that process, accused No.3 had hold press conference for four (04) times i.e., at Opp. Shivam Temple, Mahadev Temple at Charkaman, Sadhbhavana Poll at Charminar and Railing at Chariminar Monument for not removing the symbols of Charminar and Kakatiya Kala Thoranam from the Telangana State Logo which the present Government supposed to be removed. On enquiry, he came to know that the accused persons have conducted the press conference without taking prior permission from the competent authority, and thereby, the petitioners and other accused committed the aforesaid offence.

5. Basing on the complaint lodged by respondent No.2, a case in Crime No.112 of 2024 was registered by Charminar Police Station against the petitioners and others for the aforesaid offence and took up investigation.

6. During the course of investigation, the Investigating Officer examined LWs.1 to 10 and after completion of investigation, the police filed charge sheet against the petitioners herein and others for the aforesaid offence and the same was taken on file as C.C. No.427 of 2024 by learned Judicial Magistrate of First Class for Excise, Hyderabad.

7. Mr. T.V. Ramana Rao, learned counsel for the petitioners, would contend that the petitioners are innocent of the offence alleged against them. To attract an offence under Section - 188 of IPC , there must be an order promulgated by a public servant. In the instant case, there is no such order. No independent witness was examined by the Investigating Officer except examining the police officials. Therefore, the proceedings in the aforesaid CC cannot go on against the petitioners herein and the same are liable to be quashed against the petitioners.

8. Whereas, it is contended by learned Public Prosecutor that there are specific allegations levelled against the petitioners and, therefore, he sought to dismiss the present criminal petition.

9. In view of the above rival submissions, it is relevant to extract Section - 188 of IPC and the same is extracted:

“188. Disobedience to order duly promulgated by public servant.—Whoever, knowing that, by an order promulgated by a public servant lawfully empowered to promulgate such order, he is directed to abstain from a certain act, or to take certain order with certain property in his possession or under his management, disobeys such direction, shall, if such disobedience