HON’BLE SRI JUSTICE K. LAKSHMAN CRIMINAL PETITION No.1427 OF 2025

ORDER

Heard Mr. Mahesh Mamindla, learned counsel for the petitioner and Mrs. Shalini Saxena, learned counsel representing Mr. Palle Nageswara Rao, learned Public Prosecutor appearing on behalf of respondent No.1 - State.

2. This Criminal Petition is filed under Section - 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), to quash the proceedings in C.C. No.455 of 2024 pending on the file of the Special Judicial Magistrate of First Class for Cases under Prohibition Act (Excise Court), Hyderabad.

3. The petitioner herein is arraigned as accused No.1 in the aforesaid C.C. The offences alleged against him are under Sections - 186, 353, 427 and 290 read with 34 IPC.

4. On the complaint lodged by respondent No.2 - Tahsildar, Choutuppal Mandal, Police, Choutuppal Police Station have registered a case in Crime No.321 of 2021 against the petitioner and others for the aforesaid offences. As per the report given by respondent No.2, dated 27.07.2021 to the police, the allegations levelled against the petitioner herein are as follows:

i. Pursuant to the Government directions, Distribution Center was arranged at SMR Convention, Lakkaram Village of Choutuppal Mandal, for distribution of ‘New Fair Price Cards Programme’ in respect of Choutuppal and Narayanpur Mandals.

ii. The Minister for Power, telangana State, Jilla Parishad Chairman, District Collector, the petitioner herein being the MLA of Munugodu, Municipal Chairman, MMPs of Mandals, ZPTs, MPTCs, Sarpanches, Members, Councilors and beneficiaries were attended the said programme.

iii. While addressing the programme by the Minister, the petitioner herein and other accused persons who sat in the side of podium dragged the mike from the hands of the Minister, quarreled and created tension in the meeting.

iv. Some unknown persons made hues and cries and damaged the chairs and came to dais.

5. After receipt of the aforesaid report, the police, Choutuppal Police Station, registered the aforesaid crime. During the course of investigation, the Investigating Officer recorded the statements of respondent No.2 as LW.1, Mr. Pandula Lingaiah, Mr. Uppu Rajesh and Mr. Pasham Shiva as LWs.2 to 4 as they are eye- witnesses, Mr. Rasham Shivakumar and Mr. Sk.Saidulu as LW.5 and LWs.6 as they are panch witnesses to the subject crime.

6. After completion of investigation, the Investigating Officer laid charge sheet against the petitioner herein and others for the aforesaid offences and learned Additional Judicial Magistrate of First Class, Ramannapet took cognizance of the aforesaid offences against the petitioner herein and others vide C.C. No.92 of 2022. Later it was transferred to the Court of Special Judicial Magistrate of First Class for Cases under Prohibition Act (Excise Court), Hyderabad, and the aforesaid C.C. was re-numbered as C.C. No.455 of 2024.

7. Challenging the said proceedings in C.C. No.455 of 2024, the petitioner filed the present criminal petition contending as follows:

i) The petitioner was implicated falsely in the subject crime based on vague and general allegations.

ii) The aforesaid complaint is nothing but politically motivated one, and it amounts to abuse of process of law.

iii) The complaint lacks the ingredients of the aforesaid offences.

iv) The charge sheet discloses that unknown persons made cries and vigils and damaged the chairs. The police did not seize any incriminating material to establish the role of petitioner in damaging the property.

v) The Investigating Officer did not examine other witnesses and the Officers on the dais.

8. Whereas, counter was filed by the prosecution contending that the petitioner failed to make out any ground to quash the proceedings. The present petition is filed with false and baseless allegations and, therefore, sought to dismiss the same.

9. In view of the aforesaid rival submissions, it is to be noted that whether the petitioner is entitled for quashment of the proceedi