HON’BLE SRI JUSTICE K. LAKSHMAN CRIMINAL PETITION No.6885 of 2025

ORDER

Heard Sri M.Ajay Kumar, learned counsel for the petitioner and Sri Arun Kumar Dodla, learned Additinal Public Prosecutor for respondents.

2. This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhitha (for short ‘BNSS’) seeking to quash the proceedings against the petitioner/A3 in C.C.No.35 of 2025 pending on the file of Excise Court, Manoranjan Complex, Hyderabad (transferred from Additional Judicial First Class Magistrate at Parkal).

3. Petitioner herein is A3 in the said C.C. The offences alleged against the petitioner herein are under Section 188 of IPC and Section 4 of the [Telangana] Prevention of Disfigurement of Open Places and Prohibition of Obscene and Objectionable Posters and Advertisements Act, 1997 (for short ‘the Act’). On the complaint lodged by the 2nd respondent, Police, P.S.Parkal registered a case in Crime No.349 of 2023 on 24.11.2023 against the petitioner and other accused. In the said compliant, the 2^nd respondent has specifically alleged that he is Divisional Panchayat Officer, Hanamakonda and Model Code of Conduct In- charge (104). On 24.11.2023, at about 10.30 a.m, he went to the Pocharam village for the purpose of inspection and noticed that BRS, Congress and BJP wall posters pasted on government electric poles with photos and symbols. The same is in violation of Section 188 of IPC and Section 4 of the Act. The said act is also in violation of Model Code of Conduct. Therefore, he requested the SHO, PS, Parkal to take action against the petitioner and other accused.

4. During the course of investigation, the Investigating Officer recorded the statements of 2^nd respondent as L.W.1, Police Constable Mr.Pool Singh (PC 8239) of PS Parkal, as L.W.2 and one photographer by name Mr. K.Ajeeth as L.W.3. All three of them in one voice made aforesaid allegations against the petitioner and other accused. On consideration of the said statements, the Investigating Officer laid charge sheet against the petitioner and other accused and same was taken on file as C.C.No.35 of 2025 on the file of Additional Judicial First Class Magistrate, Parkal.

5. The petitioner has filed the present Criminal Petition to quash the proceedings in the said C.C contending that there are no orders promulgated by any authority and therefore, the question of committing an offence under Section 188 of IPC does not arise. There is no obscene/objectionable material in the poster. There is no loss to the 2nd respondent or any Government authority and that the 2^nd respondent is not competent to lodge the complaint against the petitioner herein with the aforesaid allegations.

6. Whereas, the learned Assistant Public Prosecutor, on instructions, would submit that there are specific allegations against the petitioner herein and other accused. The aforesaid contentions raised by the petitioner are defences, which he has to take before the trial Court during trial and it is for the trial Court to consider the same.

7. In view of the above rival submissions, it is apt to note that Section - 188 of IPC 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 imprisonment 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 ca