THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI CRIMINAL PETITION No.15082 OF 2024

ORDER:

This Criminal Petition is filed with the following relief:

“…. to call for the records and proceedings of this case i.e., C.C.No.987 of 2023 in Crime No.510 of 2023 from the Investigating Officer of the Hayathnagar Police Station and from the Hon’ble XIV Additional Metropolitan Magistrate Court, Ranga Reddy District at Hayathnagar, and after pursuing the same, quash the proceedings in FIR No.5610 of 2023 on the file of Hayathnagar Police Station, Hyderabad …”

2. F.I.R.No.510 of 2023 came to be registered on the complaint of respondent No.2-de facto complainant on

29.04.2023 under Section 353 of IPC.

3. Respondent No.2 with superior officers was conducting drunk and drive test at Information Colony X Road, Hayathnagar under the supervision of Vanasthalipuram Traffic Police. A bike bearing No.TS 11 EX 7673 was proceeding in a rash and negligent manner, driver allegedly in a drunken condition i.e., petitioner/accused. When petitioner was asked to take the Breath Analyzer Test, he abused in filthy language, pushed Inspector (Nagarjuna) and picked up a quarrel and obstructed their legitimate duties. The incident was captured in the mobile phone of one Home Guard (Uday Kumar), the driver of Inspector.

4. Charge sheet is filed on 31.05.2023 under Section 353 of IPC. The contents of the complaint/FIR are in toto reflected in the charge sheet. No notice under Section 41-A Cr.P.C. was issued to the petitioner/accused. Petitioner was sent to judicial remand, his arrest particulars were informed to his brother (Section 50A Cr.P.C). On 29.04.2023, petitioner was produced before the Court and remanded for two (2) days.

5. Learned counsel for petitioner/accused submitted that even if a drunk and drive test is carried out, copy of the reading(s) obtained from Breath Analyzer Test has to be placed on record. That no such details were forthcoming either in the complaint or in the charge sheet. It is further submitted that the respondents concluded as if the petitioner/accused is in a drunken condition and abused the police personnel on duty. It is also submitted that in the absence of any test result being placed on record, merely recording or stating in the complaint that the accused was driving the vehicle in a drunken condition, amounts to a false accusation. It is pointed out that that without affording an opportunity, the petitioner/accused was produced before the concerned Court and sent to judicial remand for two days.

6. It is submitted that the accusation that the petitioner drove the vehicle in a drunken condition without any test report is suffice to establish the fact that it is a frivolous complaint/case and it is only to implicate the petitioner, complaint is lodged. Hence, learned counsel for petitioner prayed to quash the proceedings in C.C.No.987 of 2023 on the file of XIV Additional Metropolitan Magistrate, Ranga Reddy District.

7. On the other hand, learned Assistant Public Prosecutor appearing for the respondent – State submitted that petitioner/accused pushed the Inspector while on duty. That the said act amounts to obstructing the legitimate duty of police personnel. That petitioner/accused abused the police personnel in filthy language and drove the vehicle in a rash and negligent manner in a drunken condition and when asked for Breath Analyzer Test, he pushed the police personnel.

8. Heard Mr. Lakkireddy Lokesh Reddy, learned counsel for petitioner/accused, and Mr. S. Prashanth, learned Assistant Public Prosecutor for respondent- State.

9. On 29.04.2023 at about 2100 hours, the police personnel were conducting drunk and drive test. From the record, it is observed that petitioner/accused, while proceeding towards Hayathnagar on a bike bearing No.TS 11EX 7673, was stopped by the team and tried to carry out a Breath Analyzer Test. An allegation is levelled that petitioner was in a drunken condition, picked up a quarrel, abused in filthy language a