HON’BLE SRI JUSTICE K. LAKSHMAN CRIMINAL PETITION Nos.152 AND 5696 OF 2025

COMMON ORDER

Heard Mr. N. Naveen Kumar, learned counsel for the petitioners - accused Nos.1, 2 & 4 and Mrs. Shalini Saxena, learned counsel representing Mr. Palle Nageswara Rao, learned Public Prosecutor appearing on behalf of the respondents.

2. Criminal Petition No.152 of 2025 is filed by accused Nos.1 and 2 under Section - 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), to quash the proceedings in C.C. No.7169 of 2024 pending on the file of the IV Additional Chief Metropolitan Magistrate, Hyderabad, while Criminal Petition No.5696 of 2025 is filed by accused No.4 to quash the proceedings against him in the aforesaid C.C.

3. The petitioners herein are arraigned as accused Nos.1, 2 and 4 respectively in the aforesaid C.C. The offences alleged against them are under Sections - 171B read with 171E and 188 read with 109 of IPC.

4. On the complaint lodged by respondent No.2 - Assistant Sub-Inspector of Police, Amberpet Police Station, Hyderabad, the Police have registered a case in Crime No.333 of 2024 against the petitioners herein and another for the aforesaid offences.

5. As per the report given by respondent No.2, dated

11.05.2024 to the police, the allegations levelled against the petitioners herein are as follows:

i) While respondent No.2 was performing his duty at Vishal Mark Check Post along with SST-2C Team for vehicle checking, one two-wheeler bearing registration No.TS 04-EZ-3631 (Honda Shine- Black Colour) came from Uppal towards Amberpet. When he stopped him and checked his vehicle, the complainant found Rs.1,90,000/- in his vehicle’s tank cover and also found the voter list of NTR Nagar, Saroornagar along with pamphlets of Chevella Lok Sabha Constituency Contestant - accused No.4.

ii) When the complainant asked that person, he revealed his details as Mr. M. Murali (accused No.1). While the complainant asked about the money, accused No.1 told that he is teaching in Chemistry Department Faculty at Geethanjali Engineering College, Cheryala and his colleague - Mr. Sridhar (accused No.2) gave that money and the voter list of NTR Nagar, Saroornagar.

iii) Mr. Ravinder Reddy, Chairman of the said College and own brother of accused No.4 who is shown as accused No.3 in FIR, told him to distribute that money to the voters mentioned in the said voter list and asked them to vote for accused No.4. Therefore, the complainant in the presence of SST-2C in-charge seized the said money, voter list and pamphlets.

iv) The said acts of the petitioners are in violation of Model Code of Conduct (MCC) and accordingly requested the police to take action against the petitioners as per law.

6. On receipt of the aforesaid report, the Police, Saifabad Police Station, registered the aforesaid crime.

7. During the course of investigation, the Investigating Officer recorded the statement of respondent No.2 herein as LW.1, Mr. Jeevan Reddy, SST-2 C-Team and Mr. Balakrishna, HC 8377 of Amberpet P.S., eye-witnesses, as LWs.2 and 3. Panch witnesses for seizure of money as LW.4 and LW.5. LW.6 is the Official who issued FIR and LW.7 is the Investigating Officer in the aforesaid crime who laid the charge sheet.

8. In the statements recorded under Section - 161 of Cr.P.C., respondent No.2 reiterated the contents of the aforesaid FIR. The statements of LWs.2 and 3 are also on the same lines. On consideration of the said statements, the Investigating Officer laid the charge sheet against the petitioners herein. However, the Investigating Officer dropped charge sheet against accused No.3. The same was taken on file as C.C. No.7169 of 2024 by learned IV Additional Chief Metropolitan Magistrate, Hyderabad for the aforesaid offences.

9. To quash the proceedings in the said C.C., the petitioners herein filed the present criminal petition contending that the contents of complaint dated 11.05.2024 and statements of LWs.1 to 3 lack the ingredients of the aforesaid offences. There