The High Court · 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 quash the Charge Sheet in CC No. 18 of 2021 on the file of the Principal Junior Civil Judge -Cum- Judicial First Class Magistrate Devarakonda, Nalgonda District against the Petitioner/Accused No. 5 herein. l.A. NO: 'l 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 all further proceedings including attendance of the Petitioner in CC No. 18 of 2021 on the file of the Principal Junior Civil Judge -Cum- Judicial First Class Magistrate Devarakonda, Nalgonda District against the Petitioner/Accused No. 5 herein pending disposal of the Criminal Petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri J Viplav Babu, Advocate for the Petitioner and Sri Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of Respondent No.1 and none appeared for the Respondent No.2. The Court made the following: ORDER THE HONI)IJRABLE SRI JUSTICE N.TUKARAI'IJI CRltlflNAL PETITION No.5014 OF 2025 ORDER This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (tor short 'BNSS, 2t)23') seeking quashment of the proceedings against the petitioner in C.C. No.18 of 2021 on the file of tre leamed Principal Junior Civil Judge-cum-Judicial First Class Magistrale Devarakonda, Nalgonda District.

2. I have heard Dr.J.Viplav Babu, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing respor dent No. 1 -State

3. The petitioner is arrayed as accused No.S in the Calendar Case registered for the cffences punishable under Section 269 of the lndian Penal Code, 1860, Section 3 of the Epidemic Diseases Act, 1897 and Section 51(b) of the Disaster Management Act, 2005.

4. The proseculion case in brief is that on 01.08.2020, a complaint has been filed that the B.J.P. Party leaders staged protest against the then Telangana Grrvernment without any permission and in violation of COVID-19 regulations 2 N7R./ Cr/.P.No. 5014 oJ 202 i

5. Learned counsel for the petitioner submits that the case filed against the petitioner is false and unfounded. He argues that, even if the allegations in the complaint are taken at face value, they do not attract the ingredients of the offences alleged. Furthermore, the complaint itself does not attribute any overt or high-handed act to the petitioner, nor does it suggest any damage to property caused by him. Therefore, he contends that allowing the criminal proceedings to continue would be unjust and unwarranted. Learned counsel further points out that, in similar factual circumstances, a Coordinate Bench of this Court, in Criminal Petition No. 8550 o'f 2024, quashed the proceedings against similarly situated petitioners. On the strength of that precedent, he asserts that the petitioner is entitled to similar relief and accordingly prays for quashment of the Calendar Case pending against him.

6. The Learned Additional Public Prosecutor, while opposing the petition, submits that the complaint contains specific allegations and expressly names the petitioner as one of the participants in the dharna heldontherelevantdate.Thedharnawasconductedwithoutnecessary permissions and in contravention of COVID-19 pandemic regulations' Nonetheless,theProsecutorfairlyconcedesthatinothercaresinvolving similarly placed accused individuals, the Court has quashed the proceedings. 3 N1R./ C)n'. P.No. 5011 0J 2025

7. I have peruse(l the materials on record

8. Upon a thororrgh reading of the complaint and other material on record, it does not appear that mere gathering of the accused posed a likelihood of spreading COVID-19 infection. Notably, there is no indication that any ndividual present in the gathering was infected with the virus or that thr) infection was in fact transmifted as a result of the assembly. Furthennore, the complaint fails to specify any padcular guidelines alleged 1o have been violated by the accused Additionally, no cognizance appears to have been taken in accordance with the mandatory provisions under Section 195 of the Code of Criminal Procedure (Cr.P.C.), nor is there compliance with Section 275 Cr.P.l. ln this context, the continuation of prosecution for I \ alleged violation of regulations or orders issued under the Disaster Management Act is not regaily sustainabre under section 51(b) of the said Act. Moreover, .rthough the compraint states that the protestors did not comply with the request of the complainant and his team to discontinue lhe dharna, there is no allegation that the accused obstructed the comp'ainant in ,re discharge of his officiar duties under the Disaster Management Act accepted at facer rhus, eyen if the allegations in the complaint value, the prosecution rnateria/ falls short of warranting ln.of criminal proceedings. btishing any act the continuati('s 4 NIR,/ Cr/.P.No. 5011 of 202i Significantly, a coordinate Bench of this court, in a case involving similar facts and legal issues, has already quashed the proceedings against similarly placed petitioners. Therefore, the continuance of the prosecution against the petitioner in the present case would amount to an abuse of the process of law. Accordingly, the proceedings in Calendar Case No. 1g of 2021 , pending before the learned Principal Junior Civil Judge-cum-Judicial First Class Magistrate, Devarakonda, Nalgonda District, against the petitioner/accused No.5, are hereby quashed.

9. Accordingly, the Criminal Petition is allowed. Pending miscellaneous applications, if any, shall stand closed. To, //TRUE COPY// \l \ SD/. A. JAYASREE STANT REGISTRAR SECTION OFFICER I

1. The Principal Junior civil Judge -cum- Judicial First class Magistrate Devarakonda, Nalgonda District

2. ihe station HousJotficer, Chandampet Police Station, Nalgonda 3. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad (OUT)

4. One CC to Sri J Viplav Babu, Advocate [OPUC] 5. Two CD Copies D HIGH COURT DATED:1 510412025 ORDER CRLP.No.SO14 ot 2025 rE S l, !.)IT 'l B 2925 (1\ \ a / /t. / -- ) \ :. .). lrn I'c ALLOWING THE CRLP o o