HON’BLE SRI JUSTICE K. LAKSHMAN CRIMINAL PETITION No. 7120 of 2025

ORDER:

Heard learned counsel for petitioner/accused and Ms. Shalini Saxena, learned counsel representing learned Public Prosecutor appearing for respondents.

2. This application is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), to quash the proceedings against petitioner/accused in C.C.No.491 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 an accused in the aforesaid C.C. The offence alleged against him is under Section 188 of IPC. 2^nd respondent lodged a complaint before Police, Dahegaon Police Station, Komarambheem Asifabad District, alleging that on 19.10.2023, the petitioner, leader of Bharatiya Janata Party, conducted election meeting at Kothmeer Village, Dahegaon Mandal, Asifabad District, without obtaining permission from the Returning Officer, Sirpur Assembly Constituency. Thus, he had violated the Model Code of Conduct issued by the Election Commission of India. Thereupon, Police, Dahegaon Police Station, registered a case in Crime No.94 of 2023 against petitioner for the