HON’BLE SRI JUSTICE K. LAKSHMAN CRIMINAL PETITION No. 3546 of 2025

ORAL ORDER:

Heard Mr.G.Bhaskar Reddy, learned counsel for the petitioner/accused No.1 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.1 in C.C.No.46 of 2024 on the file of the learned Special Judicial Magistrate of First Class for Trial of Cases relating to MPs and MLAs, Hyderabad.

3. Petitioner herein is accused No.1 in the aforesaid C.C. The offences alleged against the petitioner are under Sections 188 of IPC and Section 51(b) of the Disaster Management Act, 2005 (for short ‘DM Act, 2005’).

4. On the complaint dated 28.10.2021 of respondent No.2, Police, Kamalapur Police Station, Warangal District, registered a case in Crime No.215 of 2021 against the petitioner for the aforesaid offences.

5. In the complaint dated 28.10.2021, the allegations leveled against the petitioner are that on 28.10.2021 at about 06.30 P.M. the petitioner/accused No.1 came to the house of accuse No.2 situated at Uppal village. On coming to know that respondent No.2 along with FST Team went to the house of accused No.2 and on enquiry, accused No.2 informed to respondent No.2 that accused No.1 came to his house. There were three cars and some motorcycles in front of the house of accused No.2. There are many activists of BJP Party gathered in front of the house of respondent No.2. Thereafter, accused No.1 went to the house of accused No.4 and accused No.5 along with accused No.3 and others. Thus, the petitioner and other accused violated Covid-19 Rules without wearing masks and also violated the Model Code of Conduct. Respondent No.2 has requested the Station House Officer, Kamalapur Police Station, to take action against the petitioner/accused No.1 and others.

6. During the course of investigation, the Investigating Officer recorded the statements of respondent No.2 as LW.1, Rajesh, PC-816 of Hasanparthy Police Station as LW.2, Surender, PC-109 of Nekkonda Police Station. LWs.4 and 5 are panch witnesses. 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.46 of 2024 against the petitioner for the aforesaid offences.

7. Petitioner filed the present petition to quash the proceedings in the aforesaid C.C.No.46 of 2024.

8. Learned counsel for the petitioner contended that the contents of the complaint dated 28.10.2021 and statements of witnesses recorded under Section 161 of Cr.P.C lack ingredients of aforesaid offences. There were no orders issued by the competent authorities. Therefore, commission of offence under Section 188 of IPC does not arise. Referring to Section 60 of the DM Act, learned counsel for the petitioner would submit that the police cannot register FIR against the petitioner for the offence under Section 51(b) of the DM Act in view of bar under Section 60 of the DM Act. Petitioner herein was Member of Legislative Assembly at that relevant point of time and presently, he is a Member of Parliament (Lok Sabha). Therefore, continuation of proceedings against him in the said C.C. is an abuse of process of law.

9. Whereas, learned Additional Public Prosecutor would contend that there are serious allegations against the petitioner herein and the petitioner conducted campaigning by using vehicles without obtaining prior permission and thereby they have violated the Model Code of Conduct. There are also specific allegations levelled against the petitioner. The contentions of the petitioner are defences which he has to take during trial and this Court cannot consider the same in a petition filed 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