HON’BLE SRI JUSTICE K. LAKSHMAN CRIMINAL PETITION No.7938 OF 2025

ORDER

Heard Sri Amruth Rao Jookanti, learned counsel for the petitioners and Sri Arun Kumar Dodla, learned Additional Public Prosecutor appearing for State.

2. The present criminal petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ( for short, ‘ the BNSS’) by the petitioners to quash the proceedings in Cr.No.386 of 2025 pending on the file of Station House Officer, Mancherial Town Police Station, Ramagundam Commissionerate, Mancherial District.

3. The petitioners are arraigned as accused Nos.1 to 30 in the aforesaid Crime. The offences alleged against them are under Sections 189 (2), 126 (2), 132 read with Section 190 of the Bharatiya Nyaya Sanhita, 2023 (for short, ‘BNS’). On the complaint dated 21.06.2025 lodged by the 2^nd respondent, Police Mancherial Town, have registered the subject crime.

4. In the complaint dated 21.06.2025, 2^nd respondent alleged that on 20.06.2025, while 2^nd respondent - Head Constable-1972 of Mancherial Police Station along with staff performing patrolling duty at Bellampalli chowrastha area, at about 11.10 a.m., the petitioners herein along with some others, belongs to BRS party, formed into unlawful assembly, sat on National Highway-363 at Bellampalli Chowrastha, caused inconvenience to the general public, obstructed their vehicles, started slogans against the Police demanding arrest of accused persons in Cr.No. 383/2025 of Mancherial Police Station, without taking prior permission from concerned authority. When the Police tried to clear the said unlawful assembly to avoid law and order problem, they did not head their words and obstructed them from discharging their legitimate duties by pushing them and caused inconvenience to the emergency service vehicles by blocking the road. Even they formed into unlawful assembly and sat in front in Mancherial town Police Station, raised slogans against the Police demanding arrest of accused in the aforesaid crime. The petitioners herein also obstructed their legitimate duties by blocking the entrance gate of the Police Station and caused inconvenience to them. This incident was also videographed by Police. Therefore, he sought to take necessary action against the petitioners.

5. To quash the said First Information Report, petitioners filed the present petition contending that 2^nd respondent is a police constable. He cannot lodge the present complaint and the Station House Officer, Mancherial Town Police Station, cannot register the subject crime. There is no public nuisance. The Investigating Officer did not record the statement of any independent witness. 1^st petitioner is Ex.MLA from Mancherial Assembly Constituency. He is implicated in the present crime due to political rivalry. He has every right to enquire about investigation in a particular crime. Therefore, registration of the subject crime against the petitioners herein is abuse of process of law. The contents of the said complaint of 2^nd respondent lacks the ingredients of the offences alleged against the petitioners. With the said submissions, the petitioners sought to quash the proceedings in the subject crime.

6.Whereas, learned Additional Public Prosecutor, on instructions, would submit that the Investigating Officer recorded the statements of eight (8) witnesses including two constables as L.Ws. 1 and 2, two businessmen as L.Ws.3 and 4, Home Guard as L.W.5, driver as L.W.6 and mechanic and private employee as L.W.8. Investigation is pending. There are serious allegations against the petitioner herein. They have conducted dharna in front of police station. Scuttling investigation at the threshold is impermissible.

Therefore, he sought to dismiss the present writ petition.

7. In the light of the aforesaid submissions, it is relevant to extract the aforesaid offences:-

189-Unlawful assembly.—(1) An assembly of five or more persons is designated an “unlawful assembly”, if the common object of the persons c