The High Court · 2025

Petition under Section 482 of Cr.P.C rlw 528 of BNSS , praying that in the circumstances stated in the irlemorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the FIR against the petitioner herein in C.R.No.19B ol 2020 On the file of Police Station Jagtial Town at Jagtial, Jagtial Drstrict for the offences Punishable U/s 188 of IPC and Section 54 of Disaster management Act. l.A. NO: 2 OF 2025 Petition under Section 482 of Cr.P .C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition. the High Court may be pleased to stay the proceedings against the petitioners in C.C.No.516 of 2020 on the file of the I Additional JDCL FC Magistrale al Jagtial, Jagtial District, for the offences Punishable U/s. 143, 341 rlw 149 of lPC. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Shaik Itluhammed Abed, learned counsel for the Petitioner anC of Sri Jithender Rao Veeramalla, learned Addl. Public Prosecutor on behalf of the Respondent No.1 and None appeared for the Respondent No.2. The Court made the following: ORDER HON'BLE SMT. JUSTICE JUWADI SRIDE\/I CRIMINAL PETITION No.2916 of 2025 1 ORDER This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, by the petitioner- accused No. 1 seeking to quash the proceedings against him in Crime No.198 of 2020 of P.S. Jagtial Town, registered for the offences under Section 188 of IPC and Section 54 of Disaster Management Act, 2005 (for short'Act'). 2 Heard Mr Shaik Muhammed Abed, learned counsel for the petitioner as well as Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent-State and perused the record. 3 Basing on the complaint dated 10.04.2020 lodged by the 2nd respondenlthe Sub-lnspector of Police, Jagtial Town police Station, that the petitioner-accused No.1 and other accused in the crime have created a Facebook Account in the name of Shaik Sajid, circulated a false message i.e., 'pura desh corona se lad raha hai jagtial police department musalmanon se lad rahi hai' and 'jagtyial rnein Garibon ki madad karne par cases book' and created an alarming situation among the common people, a case in Crime No. 1 98 of 2020 was registered against the petitioner and others for the aforesaid offences. l i l 2

4. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has been falsely implicated in the case. He further submits that in the absence of complaint from the concerned public servant as required under Section 195 of Cr.P.C., and in the absence of complaint as required under Section 60 of the Act, the proceedings against the petitioner for the offences punishable under Section '1BB of l.P.C. and Section 54 of the Act are liable to be quashed.

5. Learned Additional Public Prosecutor, on the other. hand, submitted that there are specific allegations against the petitioner and the truth or otherwise of the allegations levelled against the petitioner can only be known after conducting full-fledged trial, and hence, he prayed to dismiss the petition.

6. For the sake of convenience, Section 1BB of lPC, Section '1 95 of Cr.P.C. and Sections 54 and 60 of the Act are extracted hereunder:

188. Disobedience to order duly promulgated by public seruant - Whoever, knowing that, by an order promulgated by a public seNant lawfully empowered to promulgate such order, he is directed to abstain from a ceftain act, or to take ceftain order with certain property in his possesslon or under his management, disobeys such direction, shall, if such disobedience causes Io tender 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 ( \ I - I I I 3 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 rupees. or with both.

195. Prosecution for contempt of lawful authority of public servanfs, for offences against public justice and for offences relating to documents given in evidence, (1) No Coufts shall take cognizance- (a) (i) of any offence punishable under sections 172 to 188 (both inclusive)of the lndian Penal Code (45 of 1860), (ii)of any abetment of, attempt to commit, such offence, or (tii,t of any criminal conspiracy to commit, such offence, except on the complaint in writing of the public seNant cotrcerned or of some other public seNant to whom he is a d n i n i slraUv ely su bo rdi n ate... (b)(i)of any offence punishable under any of the following seollons of the lndian Penal Code (45 of 1860), namely, secllons 193 to 196 (both inclusive), 199, 200, 205 to 211 (both inclusive) and 228, when such offence is alleged to have been committed in, or in relation to, any proceeding in any Court, or (ii)of any offence described in section 463, or punishable under section 471, section 475 or section 476 of the said Code, when such offence is alleged to have been cornmitted in respect of a document produced or given in evtdence in a proceeding in any Court, or (iii)of any criminal conspiracy to commit, or attempt to commit, or the abetment of, any offence specified in sub- clause (i) or sub-clause (ii).

54. Punishment for false warning-Whoever makes or cin)ulates a false alarm or warning as lo dlsaster or lfs seterity or magnitude, leading to panic, shall on conviction, be punishable with imprisonment which may extend to one year or with fine.

60. Cognizance of offences-No Court shall take collnizance of an offence under this Act except on a cotnplaint made by- (a)the National Authority, the State Authority, the Central Government, the State Government, the District Aulhority or any other authority or officer authorised in this behalf t I 4 by that Authority or Government, as the case may be; or(b)any person who has given notice of not less than thirly days in the manner prescribed, of the a eged offence and his intention to make a complaint to the National Authority, lhe State Authority, the Central Government, lhe Slafe Government, the District Authority or any other authority or officer authonsed as aforesaid. .:

7. Having heard both sides and perused the material on record, it is evident that the proceedings against the petitioner for the offences under Sections 188 of IPC and 54 of the Act have been initiated, basing on the complaint made by the de faclo complainant, who is a Police Officer, but not on the basis of complaint in writing of the public servant concerned, as is required under Section 195(1)(a) of Cr.P.C. and Section 60 of the Act. Hence, the continuation of proceedings against the petitioner for the said offences amounts to abuse of process of law and the same are liable to be quashed. B. ln view of the aforesaid reasons, this Criminal Petition is allowed and the proceedings against the petitioner-accused No.1 in Crime No.198 o'f 2020 of P.S. Jagtial Town, are hereby quashed. lVliscellaneous applications, if any pending, shall stand closed. To SD/- K. AMMAJI EPUTY REGISTRAR //TRUE COPY// J SECTION OFFICER

1. The I Additional JDCL FC Magistrate al Jagtial' Jagtial District \ I I \ I 7

2. The station House officer, Jagtiar rown porice station, Jagtiar District.

3. One CC to Sri Shaik Muhammed Abed , Advocate tOpUCI 4. Two ccs to PUBLTG PROSECUTOR, High court for the state of relangana at Hyderabad [OUT] I I [ 5 Two CD copies. BJLB/PSL w I i t \ HIGH COURT DATED:03/03/2025 ORDER CRLP.No.2916 of 2025 CRIMINAL PETITIOTI IS ALLOWED ( ( $E STA 14, 1 U 1 6 APR 2M5 raTCY{ , ? a -b @ \b lt+lel