HON’BLE SRI JUSTICE K. LAKSHMAN CRIMINAL PETITION No.7438 OF 2025

ORDER

Heard Ms. L.Pranathi Reddy, learned counsel for the petitioner and Sri Arun Kumar Dodla, learned Additional Public Prosecutor appearing for State.

2. The present criminal petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ( for short, ‘ the BNSS’) by the petitioner to quash the proceedings in C.C. No.287 of 2024 pending on the file of Special Judicial Magistrate of First Class for trial of Cases relating to MPs and MLAs at Hyderabad.

3. The petitioner herein is arraigned as accused No.1 in the aforesaid C.C. The offences alleged against him are under Sections - 188, 285 read with 34 of Indian Penal Code (for short, ‘the IPC’) Section 51 (1)(b) of the Disaster Management Act, 2005 ( for short, ‘the DM Act’) and Section 3(1) of the Epidemic Diseases Act, 1897 ( for short, ‘the ED Act’).

4. The case of the prosecution is that on 18.06.2021, 2^nd respondent lodged a complaint with the Sub Inspector of Police, P.S. Kamalapur (L.W.5) stating that on 08.06.2021 at about 9.30 A.M., while he along with other staff, was on bandobusth duty, Sri Etala Rajender, an MLA of Huzurnagar Assembly Constituency, along with Smt. Tula Uma, Ex-ZP Chairperson, Karimnagar, Etala Bhadraiah, Tummeti Sammi Reddy, Balasani Kumara Swamy Goud, Tadaka Srikanth, Matla Ramesh, Desani Koti, Pulla Shobhan, Katti Ramesh, Jerripothula Ramesh and others came there on 40 four wheelers and 60 two wheelers, in violation of Covid-19 orders issued by the Government. They took rally from Sambhunipalli Village Sivar and reached Arvapalli, under the leadership of Samrajyam Goud, they reached the house of Pendyala Tirupati Reddy, without maintaining social distance and without wearing masks. After having breakfast, they reached Kanaparthi Village and conducted rally along with Kodiguti Balaraju, Vollala Srinivas and reached Kamalapur, where Valige Samba Rao, Chelika Srinivas, Kondam Srinivas and others conducted rally in Kamalapur, reached Kamalapur Bus Stand, negligently started burning crackers causing undue hardship to the people around, reached the house of the petitioner near Ramalyam Temple, Kamalapur Village. Thereafter at about 12.45 p.m., they conducted a press meet in the house of the petitioner and took video of the said rally and thereby violated the Rules of the lockdown due to Covid-19 by assembling in large number, not maintaining proper distance between them and without wearing masks and have become responsible for spreading the virus. Therefore, he requested to take necessary action on them as per law.

5. During the course of investigation, the Investigating Officer recorded the statements of 2^nd respondent as L.W.1, Police Constables as L.Ws.2 and 3. L.Ws.4 and 5 are panch witnesses, L.W.6 is first Investigating Officer and second Investigating Officer as L.W.7. On consideration of the said statements, L.W.7 laid charge sheet against the petitioner herein and learned Magistrate took cognizance of the said offences against the petitioner herein vide C.C.No.287 of 2024.

6. Petitioner filed the present petition to quash the proceedings in the said CC contending that the contents of the complaint dated 08.06.2021 and statements of L.Ws.1 to 5 lacks the ingredients of the aforesaid offences alleged against the petitioner herein. He was not there while the other accused burning crackers. The only allegation leveled against the petitioner herein is that the other accused came to his house and he conducted a press meet.

7. In the light of the aforesaid submissions, it is apt to extract the relevant provisions of IPC, ED Act and DM Act, which are as under:

INDIAN PENAL CODE “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 m