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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
ANIL KUMAR JUKANTI
M. Srinivas Reddy – Appellant
Versus
State Of Telangana Rep. By Its Public Prosecutor, High Court For The State Of Telangana – Respondent
| Table of Content |
|---|
| 1. criminal petition details and complaint overview. (Para 1 , 3 , 4) |
| 2. arguments on model code of conduct violations. (Para 5 , 6 , 7 , 8 , 9) |
| 3. court observations on section 171h ipc. (Para 10 , 11 , 13 , 14 , 15 , 16) |
| 4. court's analysis leading to quashing of proceedings. (Para 17 , 18) |
| 5. final order allowing the criminal petition. (Para 19) |
ORDER:
ANIL KUMAR JUKANTI, J.
1. This Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (for short ‘ BNSS ’) by petitioner/accused to quash the proceedings against him in C.C.No.315 of 2019, on the Court of VII Additional Chief Metropolitan Magistrate, Nampally at Hyderabad, arising out of FIR No.284 of 2018, dated 23.11.2018, on the file of Malakpet Police Station, under Section 171H of Indian Penal Code, 1860 (for short IPC ).
2. Heard Mr. A.Prabhakar Rao, learned counsel for petitioner, and learned Assistant Public Prosecutor for respondent No.1–State. Perused the material on record.
3. On the basis on a complaint dated 23.11.2018, an F.I.R. bearing No.284 of 2018, dated 23.11.2018 came to be registered for an offence under Section 171H of IPC . Further, a charge sheet under Section 173
Proceedings under Section 171H IPC cannot stand without accompanying violations under Section 188 IPC; permissions granted by the Chief Electoral Officer negate the basis of the charges.
Point of law : If any person having incurred any such expenses not exceeding the amount of ten rupees without authority obtains within ten days from the date on which such expenses were incurred the ....
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