HON’BLE SRI JUSTICE K. LAKSHMAN CRIMINAL PETITION No. 4855 of 2025

ORAL ORDER:

Heard Dr.M.P.Kashuyap, learned counsel representing Mr.R.V.Pavan Maitreyi, learned counsel for the petitioner/accused No.3 and Sri Arun Kumar Dodla, learned Additional Public Prosecutor for respondent No.1–

State.

2. This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), to quash the proceedings against the petitioner/accused No.3 in C.C.No.56 of 2021 on the file of the learned Principal Judicial First Class Magistrate at Siddipet.

3. Petitioner herein is accused No.3 in the aforesaid C.C. The offences alleged against the petitioner are under Sections 143, 341 and 188 of IPC and Section 51 of the Disaster Management Act, 2005 (for short ‘DM Act, 2005’).

4. On the complaint dated 15.06.2020 of respondent No.2, Police, Siddipet-I Town Police Station, Siddipet District, registered a case in Crime No.242 of 2020 against the petitioner for the aforesaid offences.

5. In the complaint dated 15.06.2020, the allegations leveled against the petitioner are that on 15.06.2020 at about 11.00 a.m. respondent No.2 along with his staff i.e., LWs.2 and 3 constables are conducting patrolling, they have received information through reliable sources that some persons were gathered and conducted Dharna at the Electricity Office, Mushtabad X road. Therefore, they have reached the said spot and observed that some persons are in front of the electricity office. The said persons have been conducted Dharna in violation of the guidelines issued by the Government with regard to Covid-19 without wearing masks and also violated the Model Code of Conduct. On enquiry, he came to know about the details of the aforesaid persons, including the petitioner herein. Respondent No.2 has requested the Station House Officer, Siddipet-I Town Police Station, Siddipet to take action against the petitioner/accused No.3 and others.

6. During the course of investigation, the Investigating Officer recorded the statements of respondent No.2 as LW.1, Sarampally Kanakaiah, constable of Siddipet-I Town Police Station as LW.2, Thathari Bharath, constable of Siddipet Town Police Station as LW.3. On consideration of the said statements recorded under Section 161 of the Code of Criminal Procedure, 1973, the Investigating Officer laid charge sheet against the petitioner herein. The same was taken on file as C.C.No.66 of 2021 against the petitioner for the aforesaid offences.

7. Petitioner filed the present petition to quash the proceedings in the aforesaid C.C. contending that in view of the bar under Section 60 of DM Act, 2005, Police can’t register FIR against the petitioner for the offence under Section 51 of DM Act, 2005 by registering Crime No.242 of 2020. It is in violation of the procedure laid down under Section 60 of DM Act, 2005. Without considering the same, learned Magistrate has taken cognizance of the aforesaid offences against the petitioner-accused No.3 herein. With the said submissions, the petitioner sought to quash the proceedings in CC No.56 of 2021 against him.

8. Whereas, learned Additional Public Prosecutor would contend that there are serious allegations against the petitioner. The petitioner along with others violated Covid-19 guidelines issued by the Government vide G.O.Ms.No.75, dated 04.06.2020 and G.O.Ms.No.76, dated 07.06.2020. There are also specific allegations levelled against the petitioner. The contentions raised by the petitioner are triable issues which this Court cannot consider in a petition under Section - 528 of the BNSS as the same have to be considered after a full-fledged trial only by the trial Court. Thus, he sought to dismiss the present criminal petition.

9. As discussed supra, the allegation levelled against the petitioner and other accused is that they have not followed the covid-19 guidelines issued by the Government vide G.O.Ms.No.75, dated 04.06.2020. It is relevant to note that the Government has already issued G