THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.14283 OF 2025

ORDER:

This Criminal Petition is filed by the petitioner-accused No.1 seeking to quash the proceedings against her in C.C.No.2998 of 2024 on the file of learned I Additional Junior Civil Judge-cum-V Additional Metropolitan Magistrate, Medchal-Malkajgiri District at L.B. Nagar, registered for the offences under Sections 223 and

292 of BNS.

2. Heard Sri Arpith Joy Ramesh, learned counsel for the petitioner and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor for the respondent.

3. The case of prosecution is that the petitioner has used DJ music band without any permission and caused noise pollution and disturbance in the locality.

4. Learned counsel for the petitioner submitted that the petitioner is the Principal of St. Pious X Degree and PG College for Women and that she has not committed any such offence to attract Sections 223 and 292 of BNS. He further submitted that the petitioner has advised the concerned participant of the college to obtain necessary permission for using the band and that she has also applied for permission on 16.12.2024 and the event was to be held on 17.12.2024. On 16.12.2024 at 05:00 PM, the said participant along with a lady faculty and attender of the college went to the police station to obtain permission and waited for the concerned Station House Officer (SHO), but the SHO did not turn up till late in the night, hence the ladies returned and the attender of the college waited at the police station. Thereafter, the attender has given the application to the SHO, but the SHO has not endorsed anything on the said application. The attender has not communicated to the petitioner herein that the C.I. has not endorsed on the application and that he has asked the college management to meet him. The college management was under the bona fide impression that the application seeking permission was already submitted to the police. The learned counsel, therefore, submitted that there is no criminal intention on the part of the petitioner in not obliging the Rules and that the petitioner herein has not committed any such alleged offences. He further submitted that to initiate proceedings under Section 223 BNS, sanction under Section 215 BNSS has to be obtained. In the absence of the same, the proceedings against the petitioner need to be quashed. He, therefore, prayed to quash the proceedings in the present C.C. against the petitioner herein.

5. Learned Additional Public Prosecutor submitted that admittedly the petitioner had not taken any permission for using the DJ music band. He further submitted that the permission should be obtained from the Commissioner of Police, which is not done in the present case. Therefore, prima facie case is made out against the petitioner herein. The petitioner being the head of the institution is liable to be prosecuted. He, therefore, prayed to dismiss the Criminal Petition.

6. Perused the record.

7. The case of the prosecution is that the St. Pious X Degree and PG College for Women, Snehapuri Colony, Nacharam, has organized a Fest, during which they have used the DJ music with loud speakers, which created noise pollution in the surrounding areas and disturbed the peace in the locality. The contention of the petitioner’s counsel is that the college management is under the impression that they have submitted the application to the police. Learned Additional Public Prosecutor submitted that there are certain Rules for the sound system to be used within the permissible limits and for using any sound system, permission has to be obtained from the concerned Commissioner of Police as per the Hyderabad City Loud Speakers (Regulation of Use and Licensing) Rules, 1963 (for short, ‘the Rules’). Rule 2(1) of the said Rules reads as follows:

“2.(1) No person shall install, use or operate, or permit the installation, use or operation of a loudspeaker in any public place or place of public entertainment