HON’BLE SRI JUSTICE K. LAKSHMAN CRIMINAL PETITION No.7216 OF 2025

ORAL ORDER

Heard Mr. Naraparaju Avaneesh, learned counsel for the petitioner and Mr. Dodla Arun Kumar, learned Additional Public Prosecutor appearing on behalf of the respondents.

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.365 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 the sole accused in the aforesaid C.C. The offences alleged against him are under Sections – 153, 188 and 171-F of IPC.

4. On the complaint dated 30.11.2023 lodged by respondent No.2, the police of Karimnagar-II (T) Police Station, registered a case in Crime No.681 of 2023 against the petitioner herein for the aforesaid offences. As per the report given by respondent No.2, the allegations levelled against the petitioner herein are as follows:

i. The petitioner herein is the contesting candidate for the Telangana State Legislative Assembly Elections-2023 from 26-Karimnagar Assembly Constituency on behalf of BJP Party.

ii. There is ban on election campaign and conduct of press conference by and on behalf of the contesting candidates from 5.00 P.M. (28.11.2023) to 5.00 P.M. (30.11.2023).

iii. The petitioner herein has conducted a press meet on

30.11.2023 stating that he along with his family members casted vote and appealed all the voters to cast vote and made controversial comments against other political parties i.e., BRS and Congress.

iv. He also made controversial comments against the Chief Minister regarding Nagarjuna Sagar Project, conduct of elections, wrong political comments against the Chief Minister and adverse comments which may create rivalry and law and order situation in Karimnagar Town and provocation with intent to cause riot in between two groups for undue influence at an Election.

5. During the course of investigation, the Investigating Officer recorded the statements of respondent No.2 a LW.1, panch witnesses as LWs.2 and 3 and LW.4 is the Investigating Officer.

6. On consideration of the said statements, the Investigating Officer laid charge sheet against the petitioner and the same was taken on file vide C.C. No.353 of 2024 by learned Judicial Magistrate of First Class (PCR), Special Mobile, Karimnagar, for the aforesaid offences. Later the same was transferred to the Court of Special Judicial Magistrate of First Class for Cases under Prohibition Act (Excise Court), Hyderabad. On transfer, the said case was renumbered as C.C. No.365 of 2024.

7. The petitioner herein filed the present criminal petition to quash the proceedings in the aforesaid C.C. contending that the contents of complaint dated 30.11.2023 and the statements of LWs.1 to 3 lack the ingredients of the aforesaid offences.

8. It is apt to note that Section - 188 of IPC which deals with ‘disobedience to order duly promulgated by a public servant’ and the same is extracted as under:

“188. Disobedience to order duly promulgated by public servant.—Whoever, knowing that, by an order promulgated by a public servant lawfully empowered to promulgate such order, he is directed to abstain from a certain act, or to take certain order with certain property in his possession or under his management, disobeys such direction, shall, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any person lawfully employed, be punished with simple impris- onment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both; and if such disobedience causes or trends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand