THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.13868 of 2025

ORDER

This Criminal Petition is filed under Section 528 Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) to quash the proceedings against the petitioner/accused No.3 in C.C.No.6349 of 2020 on the file of IV Additional Chief Metropolitan Magistrate, Hyderabad, registered for the offences under Sections 188 and

269 of Indian Penal Code, 1860 (for short ‘IPC’).

2. Heard Mr.Khaled Bin Sayeed, learned counsel for the petitioner and Mr. Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent No.1.

3. The case of the prosecution in brief is that on 30.03.2020, Respondent No.2, Sub-Inspector of Police, P.S. Amberpet, Hyderabad, lodged a report stating that while performing lockdown enforcement duty at 6 Number X Roads Check Post, Amberpet, Hyderbad between 09:00 and 14:00 hours, he found several persons violating the lockdown orders issued by the Government of Telangana. The Petitioner was found riding vehicle No. TS08EV-0250 in violation of the said orders and thereby committing acts likely to spread Covid-19 infection.

Basing on the same, a case in Crime No.138/2020 was registered against him.

4. It is the case of the learned counsel for the petitioner that the petitioner is innocent person and a false case has been foisted against him and the essential ingredients of the offence under Sections 188 and 269 of IPC are not attracted. It is further contended that there is bar under Section 195 of Cr.P.C. for prosecuting the case against the petitioner and relied upon the Order dated 04.08.2021 passed by this Court in Crl.P.No.6537 of 2020, wherein this Court had held that the legislative intent behind Section - 195 Cr.P.C. is that an individual should not face criminal prosecution instituted upon insufficient grounds by person actuated by malice or frivolity of deposition and to save the time of the Court being wasted by endless prosecution. In the absence of complaint by the public servant concerned under Section - 195 Cr.P.C., the offence under Section - 188 of IPC against accused cannot be sustained. It was further held that in order to convict any person for commission of offence punishable under Section - 188 IPC, the Court has to satisfy itself that the accused had not only violated the order promulgated by a public servant but also the accused had actual knowledge of issuance of such order.

5. In the case on hand, there is no whisper in the charge sheet that the petitioner/accused No.3 had knowledge of the order and this Court has quashed the proceedings.

6. In view of the above, this Court is of the considered view that the order dated 04.08.2021 passed by this Court in Crl.P.No.6537 of 2020 squarely applies to the facts and circumstances of the present case, therefore, the proceedings against the petitioner herein are liable to be quashed.

7. Accordingly, the Criminal Petition is allowed and the proceedings against petitioner/accused No.3 in C.C.No.6349 of 2020 on the file of IV Additional Chief Metropolitan Magistrate, Hyderabad, are hereby quashed.

As a sequel, the miscellaneous petitions pending, if any, shall stand closed.

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JUSTICE TIRUMALA DEVI EADA

27.10.2025 lk