IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE JUSTICE MOUSHUMI BHATTACHARYA CRIMINAL PETITION NO.7624 OF 2025 DATE: 06.03.2026 Between:

Kova Laxman, S/o. Ramulu.

...Petitioner AND State of Telangana, Represented by its Public Prosecutor, High Court of Telangana and Another.

...Respondents Mr. Mayur Reddy, learned Senior Counsel representing Mr. Vimal Varma Vasi Reddy, learned counsel appearing for the petitioner.

Ms. Shalini Saxena, learned counsel representing the learned Assistant Public Prosecutor appearing for the respondent-State..

ORDER:

1. The petitioner prays for quashing of the proceedings in C.C.No.406 of 2023 arising out of Crime No.183 of 2019 for the offences punishable under sections 188, 143, 341 read with section 149 of The Indian Penal Code, 1860 (“IPC”), on the file of the learned Special Judicial First Class Magistrate for Cases Under Prohibition Act (Excise Court)-cum-Special Court to Try Offences Having Punishment Less Than 3 Years Relating to the Cases Filed Against Elected MPs and MLAs at Manoranjan Complex, Hyderabad (“Trial Court”), 2. The petitioner is the accused No.1 in the Criminal Case.

3. The Criminal Case is based on a Complaint dated 18.10.2019 made by the de facto complainant, Mr. P. Praveen Kumar, Deputy Executive Engineer, PR Huzurnagar and MCC Team Leader of Palakaveedu Mandal, alleging that leaders belonging to the Bharatiya Janata Party (“BJP”), conducted a Road Show at Janapahad Village on 15.10.2019 at 04:59 P.M. in connection with the Bye-Election to the Huzurnagar Assembly Constituency, which led to a traffic blockage for 51 minutes. Five BJP leaders (including the petitioner herein) arrayed as the accused Nos.1 to 5 in the Criminal Case, participated in the Road Show, which concluded at 05:50 P.M. As a result, the road remained congested for 51 minutes, causing an obstruction to the free flow of traffic.

4. On the basis of the Complaint dated 18.10.2019, Crime No.183 of 2019 was registered under sections 188, 143, 341 read with section 149 of the IPC.

5. The facts alleged in the complaint are set out in detail in the Chargesheet dated 11.07.2022. The petitioner is arrayed as the accused No.1 in the Chargesheet.

6. The Chargesheet states that upon service of notice under sections 91 and 160 of The Code of Criminal Procedure, 1973 (“Cr.P.C.”), the LW-1/Pulikanti Praveen Kumar, Deputy Executive Engineer, PR Huzurnagar and MCC Team Leader of Palakaveedu Mandal, came to the Police Station on 12.06.2022 and stated that photographic and videographic evidence relating to the offence was not available. It is further stated that the LW- 1 also failed to produce the appointment order appointing him as the MCC Team In-charge for the Huzurnagar Assembly Constituency Bye-Election, 2019. The Chargesheet also states that, as per the orders of the Election Commission, during the enforcement of the Model Code of Conduct, political parties must obtain prior permission from the Returning Officer for the vehicles participating in a Road Show and that the petitioner/accused No.1 and the accused Nos.2 to 5 conducted the Road Show at Janapahad Village by violating the Model Code of Conduct.

7. The Chargesheet concludes with a prayer to the Court to issue summons to the accused persons and to punish them after Trial.

8. We have heard the respective contentions of learned Senior Counsel appearing on behalf of the petitioner and learned counsel representing the learned Assistant Public Prosecutor appearing for the respondent No.1/State. The respondent No.2/the de facto complainant is not represented.

9. Senior Counsel appearing on behalf of the petitioner places the relevant facts of the case and elaborates on the implications of the IPC provisions under which the petitioner has been charged. Senior Counsel submits that neither the Complaint nor the Chargesheet makes out any of the offences stated therein and that the Criminal Case should hence be quashed.

10. The learned Assistant Public Prosec