THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI CRIMINAL PETITION Nos.8700 and 7007 OF 2024

COMMON ORDER:

Criminal Petition No.8700 of 2024 is filed under Section 482 of the Code of Criminal Procedure (for short ‘Cr.P.C.’) by petitioner/accused No.2 to quash the proceedings against him in C.C.No.86 of 2024 on the file of Court of Special Judicial First Class Magistrate For Excise Cases at Manoranjan Complex, Nampally, Hyderabad, arising out of Crime No.481 of 2023 on the file of the Police Station, Saifabad, registered for offences under Sections 188 and 171H of the Indian Penal Code, 1860 (for short ‘the IPC’).

2. Criminal Petition No.7007 of 2024 is filed under Section 482 of the Code of Criminal Procedure (for short ‘Cr.P.C.’) by petitioner/accused No.1 to quash the proceedings against him in C.C.No.86 of 2024 on the file of Court of Special Judicial First Class Magistrate For Excise Cases at Manoranjan Complex, Nampally, Hyderabad, arising out of Crime No.481 of 2023 on the file of the Police Station, Saifabad, registered for offences under Sections 188 and 171H of IPC.

3. Heard Mr. T.V.Ramana Rao, learned counsel for petitioner/accused No.2 and Mr. A.Prabhakar Rao, learned counsel for petitioner/accused No.1, Mr. Sama Sunil Reddy, learned counsel for respondent No.2 and Mr. E.Ganesh, learned Assistant Public Prosecutor for the respondent–

State. Perused the material on record.

4. Both criminal petitions are arising out of the complaint by one G.Srikanth, FST IB, 60-Khairatabad Constituency, lodged on 20.11.2023 at 20.00 hours before Deputy Commissioner of Police, FIR registered is numbered as 481 of 2023, common charge sheet is filed for offences under Sections 188 and 171H of IPC. Both the criminal petitions are heard together.

5. On the basis of complaint received by Deputy Commissioner of Police (DCP), Central Zone, Hyderabad, on 20.11.2023, at 20.00 hours from one G.Srikanth of Flying Squad Team 1B, 60- Khairatabad Assembly Constituency, the DCP forwarded the complaint to SHO, Saifabad, with instructions to proceed under Model Code of Conduct, and proceed with investigation. SHO, Saifabad Police Station, registered FIR bearing No.481 of 2023, under Sections 188 and 171H of IPC for Violation of Model Code of Conduct.

The following are the contents of the complaint:

“It is to inform that, in response to the reference 3^rd cited, a reply letter has been received from the Dy. Commissioner of Police, Central Zone, Hyderabad City, Central Zone, Hyderabad, Police Department, Government of Telangana duly stating as follows:

"...no body taken any police permission or drone permission in the above said premises for the purpose of above cited subject."

In view of the above, as there is no permission obtained from the Police Department for usage of drone camera without prior permission.

Therefore, the Deputy Commissioner of Police, Central Zone, Hyderabad City is hereby requested to take action on the concerned duly filing cases in accordance with Law on the violators of above Model Code of Conduct (MCC).”

6. Charge sheet came to be filed (C.C.No.86 of 2024) before the I Additional Chief Metropolitan Magistrate at Hyderabad. On a perusal of record, it is observed that no permission is obtained from the Police Department nor permission for use of drone cameras.

7. Learned counsel for petitioners submits that the procedure contemplated under Section 195 of Cr.P.C. is to be adhered to, for taking cognizance of offence(s) punishable under Sections 172 to 188 of IPC. Learned counsel invited the attention of this Court to Section 195 of Cr.P.C., and submitted that the complaint of a public servant, or a copy of such complaint or order, has to be forwarded to the Court. Upon receipt of such complaint under Section 195 of Cr.P.C., no further proceedings should be taken up on the complaint.

8. It is submitted that, this being the procedure to be adopted for an offence to be attracted under Section 188 of IPC, non-adherence to such procedure would nullify