THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI CRIMINAL PETITION No.8335 OF 2025

ORDER:

This Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (for short ‘BNSS’) by petitioner/accused No.7 to quash the proceedings against him in Crime No.254 of 2025 on the file of Dundigal Police Station, Cyberabad.

2. Heard Mr. Y. Shreyas Reddy, learned counsel for petitioner, Mr. S. Prashanth, learned Assistant Public Prosecutor for respondent No.1 – State. Notice on respondent No.2 is waived by learned Assistant Public Prosecutor. Perused the material on record.

3. Complaint dated 12.03.2025 was made by a Police Constable bearing PC No.6037 of Dundigal Police Station, Cyberabad, stating that, while he was performing patrolling duties, he received information that certain people were fighting in front of ‘Tea Plus’ near MLRIT College, D. Pochampally, disturbing the public peace and tranquility. Eight names are reflected in the complaint. It is further stated that most of them belong to MLRIT College and some are outsiders. FIR No.254 of 2025 is registered by the Police Dundigal Station for offence under Section 194(2) of Bharatiya Nyaya Sanhita (for short ‘BNS’). It is observed from FIR that Sub Inspector of Police registered a case, took up investigation and a report copy was submitted to the Commissioner of Police, Cyberabad, DCP Medchal Zone, Cyberabad, and ACP Medchal Division, Cyberabad. Petitioner is shown as accused No.7 in the FIR at Column No.7 (a).

4. Learned counsel for petitioner/accused No.7 submitted that Section 194 of BNS refers to the offence of affray. Inviting the attention of this Court to the ingredients of Section 194 of BNS, it is submitted that the punishment for the said offence is for a term which may extend to one month, or with fine which may extend to one thousand rupees, or with both.

5. It is further submitted that the offence being in the nature of non-cognizable offence, Section 174 of BNSS gets into play. That as per Section 174 of BNSS, when the officer in-charge of a police station receives information of commission of an offence within the limits of such police station of a non-cognizable offence, the same shall be entered in the book and refer the information to Magistrate. 6. That, no police officer shall take up investigation of a non-cognizable offence/case without the order of a Magistrate, having power to try such case or commit the case for trial. That the procedure prescribed under Section 174 (2) of BNSS has not been adhered to by the concerned officer and he has taken up investigation on his own and submitted such copies to the Commissioner, DCP and ACP. That, the same is in utter violation of the procedure prescribed under Section 174 (2) of BNSS. Hence, the officer has exceeded his jurisdiction by taking up investigation and submitting reports. It is contended that such a procedure of taking up investigation without the order of a Magistrate is unknown to law. Hence, the Criminal Petition.

7. On the other hand, learned Assistant Public Prosecutor appearing on behalf of the State invited the attention of this Court to the complaint and submitted that there was a quarrel near MLRIT College at a ‘Tea Plus’ and on receipt of information, Police Constable bearing PC No.6037 went to the spot and found that certain people of MLRIT College were fighting and disturbing the public peace and tranquility. Hence, a complaint was lodged, FIR was registered and investigation taken up and it was the duty of the Station House Officer (SHO) to avert any untoward incidents which would disturb the public peace and tranquility. It is only with this intention the investigation was taken up.

8. When this Court queried the learned Assistant Public Prosecutor whether the procedure laid in Section 174 of BNSS is followed, that it was the primary duty of the officer who investigates a non-cognizable case to inform the same to the Magistrate having power to try such case or commit the case fo