The High Court · 2025

Sri B.Seetharam, S/o.Unknown to the petitioner, aged about Major, Occ . Assistant Sub-lnspector of Police, R/o.Police Station Kadthal. ...RESPONDENT/COMPLATNANT Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings in CC No.1453 of 2022, pending on the file of the learned Junior Civit Judge-cum-Judicial tt/agistrate of First Class, Amangal (Old CC No. 135 of 2022, pending on the file of the Principal Junior Civil Judge. Kalwakurthy l.A. NO: 2 OF 2025 Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay the entire proceedings and dispensing with the appearance of the Petitioner CC No.1453 of 2022, pending on the file of the learned Junior Civil Judge-cum-Judicial Magistrate of First Class, Amangal (Old CC No. 135 of 2022, pending on the file of the Principal Junior Civil Judge, Kalwakr{hy This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri MD NAZEERUDDIN KHAN, Advocate for the Petitioner and SRI JITHENDER RAO VEERAMALLA, Additional Public Prosecutor on behalf of the Respondent No.1 and None Appeared for the Respondent No.2 The Court made the following: ORDER I I I I i I I I t I I I i I I i 1 j : l THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITION No. 8765 OF 2025 ORDER This Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter 'the tsNSS') seeking quashment of the proceedings against the petitioner in C.C.No. 1453 of 2022 pending on the file of the learned Junior Civil Judge-cum-Judicial Magistrate of First Class, Amangal.

2. The petitioner is arrayed as Accused No. 63 in the aforementioned Calendar Case, which pertains to offences punishable under Sections 1BB read with Section 34 of the lndian Penal Code, 1860, 8(B) of the Telangana Excise Act, 51(b) Disaster Management Act, 2005 and 3(1) Epidemic Diseases Act, 1897.

3. I have heard Mr. Md. Nazeeruddin Khan, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing respondent No. 1 -State.

4. The prosecution case in brief is that on 13.06.2021 at about 02:00 hours, the complainant along with staff surprised premises at Box Farmhouse, situated in the outskirts of Kadthal Village, and found group of participants i.e. male and female were consuming alcohol and dancing with DJ sounds by violating the covid-19 lockdown rules on enquiE,:n 2 NTltr/ CrlP.No. 8765 of 2025 t: was revealed that one Varun Goud / Accused No.4 was celebrating birthday function and gathered his friends (64 members) in Box farmhouse, which belongs to Accused No.1. Upon recording of the statement of admission in seizure panchanama, complaint was lodged. Whereupon, Crime No. 79 of 2021 was registered and after investigation, charge-sheet was laid and consequently, the Calendar Case was numbered vide C.C. No. 1453 of 2022 on the file of the learned Junior Civil Judge-cum-Judicial Magistrate of First Class, Amangal.

5. I have perused the materials on record

6. Section 3(1) of Epidemic Diseases Act, 1897 prescribes that disobedience of regulation or order made under the Act by any person is deemed to have committed an offence under Section 1BB of lPC. Section 195 of the Code of Criminal Procedure, 1973, ('CrPC') prescribes the procedure for prosecution of contempt of lawful authority of public servants and for offences against the public justice shall be on complaint from the public servant to the Court concerned, for taking cognizance. Further, Section 51(b) of the Disaster Management Act, 2005, appraises the penalty obstructing or refusing the directions given by the authority and the concerned authority or authorized Officer has to initiate 3 N.rR/ Crl.P.No. 8765 oJ'2025 proceedings as per the procedure contemplated in Sub-Section (b) of Section 60 of the Disaster Management Act' ln this context, Section 2(c) defines 'cognizable offence' as an 7. offence for which, and a 'cognizable case' aS a case in which, a police officer may, in accordance with the First Schedule or under any otlrer law for the time being in force, arrest without a warrant. section 2(d) defines ,complaint' as any allegation made orally or in writing to a Magistrate, with the object of prompting the Magistrate to take action under this code, asserting that some person, whether known or unknown, has committed an offence, but expressly excluding a police report from this definition. g. In the present case, the proceedings were initiated on the basis of a police report, purportedly by an officer/Public servant, without any explanation or disclosure regarding the authority under which such initiation occurred. This factual circumstance demonstrates that the procedure adopted for continuation of prosecution initiated on a police report was not in conformity with the procedure prescribed under Section 195 of the Code of Criminal Procedure, Section 60 of the Disaster Management Act, or any other applicable provision. Such deviation undermines the tegal foundation of the proceedings. consequently, allowing the continuation of the prosecution against the petitioner in these circumstances would amount to an abUse of the process of law. t I T i ! , I : ,] 1 t ! c E T I 4 NlB.J Crt.P.No. 5765 o.t' 2025 ()

9. For the aforesaid reasons, this Criminal Petition is allowed. Consequently, all the proceedings against the petitioner/Accused No.63 in C.C. No. 1 453 of 2022 pending on the file of the learned Junior Civil Judge-cum-Judicial Magistrate of First class, Amangal, are hereby Pending miscellaneous applications, if any, shail stand closed Sd/- S. MALLIKARJUNA RAO STANT REGISTRAR //TRUE COPY/ SECTION OFFICER \ To,

1. The Junior Civil Judge-cum-Judicial Magistrate of First Class, Amangal 2. The Station House Officer, Kadthal Police Station, Kadthal, Cyberabad District 3. One CC to SRI tvlD NAZEERUDDIN KHAN Advocate IOPUC] 4. Two ccs to Public Prosecutor, High court for the state of relangana at Hyderabad [OUT]

5. Two CD Copies VM/PSL HIGH COURT DATED: 1610712025 ORDER CRLP.No.8765 of 2025 n f I 0 <( * 'r- tflE $ii4 o 22 r'r0ll 2025 .+ .4 * F,ATC Hr---1l! I :I ALLOWING THE CRIMINAL PETITION t t\ e4

Sri B.Seetharam, S/o.Unknown to the petitioner, aged about Major, Occ . Assistant Sub-lnspector of Police, R/o.Police Station Kadthal. ...RESPONDENT/COMPLATNANT Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings in CC No.1453 of 2022, pending on the file of the learned Junior Civit Judge-cum-Judicial tt/agistrate of First Class, Amangal (Old CC No. 135 of 2022, pending on the file of the Principal Junior Civil Judge. Kalwakurthy l.A. NO: 2 OF 2025 Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay the entire proceedings and dispensing with the appearance of the Petitioner CC No.1453 of 2022, pending on the file of the learned Junior Civil Judge-cum-Judicial Magistrate of First Class, Amangal (Old CC No. 135 of 2022, pending on the file of the Principal Junior Civil Judge, Kalwakr{hy This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri MD NAZEERUDDIN KHAN, Advocate for the Petitioner and SRI JITHENDER RAO VEERAMALLA, Additional Public Prosecutor on behalf of the Respondent No.1 and None Appeared for the Respondent No.2 The Court made the following: ORDER I I I I i I I I t I I I i I I i 1 j : l THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITION No. 8765 OF 2025 ORDER This Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter 'the tsNSS') seeking quashment of the proceedings against the petitioner in C.C.No. 1453 of 2022 pending on the file of the learned Junior Civil Judge-cum-Judicial Magistrate of First Class, Amangal.

2. The petitioner is arrayed as Accused No. 63 in the aforementioned Calendar Case, which pertains to offences punishable under Sections 1BB read with Section 34 of the lndian Penal Code, 1860, 8(B) of the Telangana Excise Act, 51(b) Disaster Management Act, 2005 and 3(1) Epidemic Diseases Act, 1897.

3. I have heard Mr. Md. Nazeeruddin Khan, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing respondent No. 1 -State.

4. The prosecution case in brief is that on 13.06.2021 at about 02:00 hours, the complainant along with staff surprised premises at Box Farmhouse, situated in the outskirts of Kadthal Village, and found group of participants i.e. male and female were consuming alcohol and dancing with DJ sounds by violating the covid-19 lockdown rules on enquiE,:n 2 NTltr/ CrlP.No. 8765 of 2025 t: was revealed that one Varun Goud / Accused No.4 was celebrating birthday function and gathered his friends (64 members) in Box farmhouse, which belongs to Accused No.1. Upon recording of the statement of admission in seizure panchanama, complaint was lodged. Whereupon, Crime No. 79 of 2021 was registered and after investigation, charge-sheet was laid and consequently, the Calendar Case was numbered vide C.C. No. 1453 of 2022 on the file of the learned Junior Civil Judge-cum-Judicial Magistrate of First Class, Amangal.

5. I have perused the materials on record

6. Section 3(1) of Epidemic Diseases Act, 1897 prescribes that disobedience of regulation or order made under the Act by any person is deemed to have committed an offence under Section 1BB of lPC. Section 195 of the Code of Criminal Procedure, 1973, ('CrPC') prescribes the procedure for prosecution of contempt of lawful authority of public servants and for offences against the public justice shall be on complaint from the public servant to the Court concerned, for taking cognizance. Further, Section 51(b) of the Disaster Management Act, 2005, appraises the penalty obstructing or refusing the directions given by the authority and the concerned authority or authorized Officer has to initiate 3 N.rR/ Crl.P.No. 8765 oJ'2025 proceedings as per the procedure contemplated in Sub-Section (b) of Section 60 of the Disaster Management Act' ln this context, Section 2(c) defines 'cognizable offence' as an 7. offence for which, and a 'cognizable case' aS a case in which, a police officer may, in accordance with the First Schedule or under any otlrer law for the time being in force, arrest without a warrant. section 2(d) defines ,complaint' as any allegation made orally or in writing to a Magistrate, with the object of prompting the Magistrate to take action under this code, asserting that some person, whether known or unknown, has committed an offence, but expressly excluding a police report from this definition. g. In the present case, the proceedings were initiated on the basis of a police report, purportedly by an officer/Public servant, without any explanation or disclosure regarding the authority under which such initiation occurred. This factual circumstance demonstrates that the procedure adopted for continuation of prosecution initiated on a police report was not in conformity with the procedure prescribed under Section 195 of the Code of Criminal Procedure, Section 60 of the Disaster Management Act, or any other applicable provision. Such deviation undermines the tegal foundation of the proceedings. consequently, allowing the continuation of the prosecution against the petitioner in these circumstances would amount to an abUse of the process of law. t I T i ! , I : ,] 1 t ! c E T I 4 NlB.J Crt.P.No. 5765 o.t' 2025 ()

9. For the aforesaid reasons, this Criminal Petition is allowed. Consequently, all the proceedings against the petitioner/Accused No.63 in C.C. No. 1 453 of 2022 pending on the file of the learned Junior Civil Judge-cum-Judicial Magistrate of First class, Amangal, are hereby Pending miscellaneous applications, if any, shail stand closed Sd/- S. MALLIKARJUNA RAO STANT REGISTRAR //TRUE COPY/ SECTION OFFICER \ To,

1. The Junior Civil Judge-cum-Judicial Magistrate of First Class, Amangal 2. The Station House Officer, Kadthal Police Station, Kadthal, Cyberabad District 3. One CC to SRI tvlD NAZEERUDDIN KHAN Advocate IOPUC] 4. Two ccs to Public Prosecutor, High court for the state of relangana at Hyderabad [OUT]

5. Two CD Copies VM/PSL HIGH COURT DATED: 1610712025 ORDER CRLP.No.8765 of 2025 n f I 0 <( * 'r- tflE $ii4 o 22 r'r0ll 2025 .+ .4 * F,ATC Hr---1l! I :I ALLOWING THE CRIMINAL PETITION t t\ e4