The High Court · 2025

2. Sri B.Seetharam, S/o.Unknown to the petitioner, aged about Ma1or, Occ. Assistant Sub-lnspector of Police, R/o.Police Station Kadthal. ...RespondenUComplainant Petition under Section 528 of BNSS praying that in the circurnstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased toto quash the proceedings in CC No.1453 ol 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 Honble 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 tile of the learned Junior Civil Judge-cum-Jud icial Magistrate of First Class, Amangal(Old CC No. 135 o'f 2022) pending on the file of the Hon'ble Principal Junior Civil Judge, Kalwakurthy. 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 Mr.Jithender Rao Veeramalla, Additional Public Prosecutor, High Court for the state of telangana, Hyderabad on behalf of the Respondent No. and of Sri-Advocate for the Respondent No.1 . The Court made the following: ORDER g ORDER THE HONOURABLE SRI JUSTICE N.TUK6 RAMJI CRIMINAL PETITION No.8047 OF 20 !5 This Criminal Petition is filed under Section 52t of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter 'the BNSS ) seeking quashment of the proceedings against the petitioner ir C.C No. 1453 of 2022 pending on the file of the learned Junior Civil . r dge-cum-Judicial Magistrate of First Class, Amangal.

2. The petitioner is arrayed as Accused No. 62 in ilr: aforementioned Calendar Case, which pertains to offences punishabl( , under Sections 188 read with Section 34 of the lndian Penal Code, 860 B(B) of the Telangana Excise Act, 5'1 (b) Disaster Management Act 2005, 3(1) Epidemic Diseases Act, 1897

3. I have heard Mr. Md. Nazeeruddin Khan, learne,r counsel for the petitioner and [/r.Jithender Rao Veeramalla, learned \dditronal 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 I emises at Box Farmhouse, situated in the outskirts of Kadthal Village, rnd found group of participants i.e male and female were consuming alcc hol and dancing with DJ sounds by violating the Covid-lg lockdown rul€s. On "nqriff,i 2 NmJ Cr/.I'.Nr,. 1i017 oi 20?i 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 admissron 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. t453 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 188 of lPC. Section 195 of the Code of Criminal Procedure, 1973, ('CrPC') prescribes the procedure for prosecution of contempt of laMul 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 ,\71t,/ ( )l l'.\0. 801i o' l02i proceedings as per the procedure contemplated in i :b-Section (b) of Section 60 of the Disaster Management Act

7. ln this context, Section 2(c) defines 'cognizak,l ) offence' as an offence for which, and a'cognizable case' as a case r which, a police officer may, in accordance with the First Schedule or ur ler any other law for the time being in force, arrest without a warrant. Se :tion 2(d) defines 'complaint'as any allegation made orally or in writing tc l Magistrate, with the object of prompting the Magrstrate to take actior under this Code, asserting that some person. whether known or unknorl r, has committed I I an offence, but expressly excluding a police report frorr his definition

8. ln the present case, the proceedings were initial( d on the basis of a police report, purportedly by an Officer/Public Serr ant, without any explanation or disclosure regarding the authority t r der which such initiation occurred This factual circumstance demc r strates that the procedure adopted for continuation of prosecution init eted on a police report was not in conformity with the procedure prescrit ed under Section 195 of the Code of Criminal Procedure, Section 6l of the Disaster Management Act, or any other applicable provisiorr Such deviation undermines the legal foundation of the proceedinll Consequently, allowing the continuation of the prosecution against the 1 etitioner in these circumstances would amount to an abuse of the proces; of law 4 \ IR./ 6 Or/.PNo. 8017 ol )02; I For the aforesaid reasons, this Criminal petition is allowed. consequently, all the proceedings against the petitioner/Accused No.62 in c c No. 1453 of 2022 pending on the fire of the rearned Junior civir Judge-cum-Judicial Magistrate of First Class, Amangal, are hereby quashed. Pending miscellaneous applications, if any, shall stand closed SD/. T. SRINIVASA REDD\ S ISTANT REGISTR //TRUE COPY// CTION OFFICER I To,

1. The Junior Civil J udge-cum-Jud icial Magistrate of First Class' Amangal 2 The Principal Junior Civil Judge, Kalwakurthy' 3 The Station House Officer, Kadtal Police Station, Ranga Reddy Distrjct 4 One CC to SRl. Md.Nazeeruddin Khan, Advocate [OPUC] 5. One CC to SRl. PUBLIC PROSECUTOR Advocate [OPUC] 6 Two CD CoPies PSK/gh /,1 HIGH COURT DATED:02107 t2025 ORDER CRLP.No.BO47 ot 2025 i, -" l.r $ [ -.-' 11]?5

4.. (,) ALLOWED THE CRIMINAL PETITION. rrF