The High Court · 2025

Petition under Section 528 of B-N.S.S praying that rn the crrcumstances stated in the Memorandum of Grounds of Criminal Petition'the High Court may be pi..."O to stay all further proceedings in C C No '98,7 of 2023 reqistered against the crime No_510 of 2{/23'oothe fil6 of ttrc tearned XIV Additional Metropolitan il;giJ;; Court, Cyberabad at Hayathnagar Pending disposal of the present Criminal Petition This Pr:tr.r )n coming on for hearing,upon perusinc th€r Memorandum of Grounds of crrnr.ar petition and upon hearing the arguments of Sri Lakkireddy Lokesh Reddy, /\lvocate for the petitioner and Mr_ s_ prashanth, Assistant public Prosecutor or b.,ralf of the Respondent No.-l and of N:ne Appeared for the Respondent No 2 The Court rna,Ce rhe following: ORDER. THE HON'BLE SHRI JUSTTCE ANIL KUMAR JUKANTI CRIMTNAL PETITION No.15O820F 2024 ORDER: This Criminal Petition is filed with the following relief: ".... lo call for the records and proceedings of lhis case 1."., c.C.r'r..s87 .f 26"-i; crime Nt'Sto of 2023 rrom the Investigating Om"tt "l tftt Hay"ttttttg* Police Station and fromtheHonblexwnaaitionatMitropolitanMagistrate Court, Ranga Reddy District at Hayathnagar' alld after pursuing the same, q"t"t' titg proceedings rn.,FIR No 561o Police Station' of 2023 on the fli" of rf HYderabad ..." "y"tttnagar F.I.R.No.S1O of 2023 came to be registered on the 2. compiaint of respondent No'2-de facto complainant on 29.O4.2023 under Section 353 of IPC'

3. Respondent No'2 with superior officers was conducting drunk and drive test at Information Colony X Road, Hayathnagar under the supervision of Vanasthalipuram Traffic Police' A bike bearing No TS 11 EX 7673 was proceeding in a rash and negligent manner' in a drunken condition i'e' driver allegedlY petitioner/ accused. Wlren petitioner was asked to take the Breath Ana)yzerTest, he abused in filthy language' pushed Inspector (Nagarjuna) and picked up a quarrel and ' ) 2 JAX, J C ?t. t'Nt 1;oa2 Df2o24 obstructe ri their regitimate duties. The inr:ident was the mobile phone of one Home Guar:l (Uday capturecl Kumar) 1l.rt: rlriver of Inspector.

4. Ctrarqe reflected 353 of IP(l sheet is filed on 31.05.2023 uncier Section 'lhe contents ol the complaint/FiR aie in toto tr the charge sheet. No notice under ljectron 4l-A Cr. P. [ . \ ras issued to the petitione r/ a<:cused remand, his arrest ,\ zrs sent to .yudicial particula rs; r ., :re informed to his brother (Sectiorr 5OA Cr.P.C). t)| ) 04.2023. petltioner was produced befirre the Court an,l r:rranded for tno (2) dalzs. Petitioner

5. Leerrnr <l counsel for petitioner/accused sub:.nitteci that even if a lrunk and drrve test is carried out, c,tpy of the readirLg(s, :btained from Breath Anaryzer T.est has to be placed on rec:o..cl. That no such details were forthcoming either in th,: ,: tmpiaint or irr the charge sheet. It js frrrther sutrmitted trr zrr the respondents concrudeci ars ir the petitionerT a-: -:L.s;ed is in a drunken condition ancl al,used the police pt:r-srnnel on duty. It is also submitterl that in the absenr:e o any test result being placed on re,.)ord, 3 JAR' J CRL.P No 15OA2 of 2024 stating in the comPlaint that the merely recording accused was driving the vehicle in a drunken condition' amounts to a false accusation' It is pointed out that that without affording an opportunity, the petitioner/accused the concerned Court and sent to was produced before judicial remand for two daYs' It is submitted that the accusation that the petitioner 6. drove the vehicle in a drunken condition without any test report is suffice to establish the fact that it is a frivolous complaint/ case and it is only to implicate the petitioner' complaint is lodged Hence' learned counsel for petitioner prayed to quash the proceedings in C'C'No'987 of 2023 on thefileofXlVAdditionalMetropolitanMagistrate,Rartga ReddY District 7 . On the other hand, learned Assistant Public Prosecutor appearing for the respondent - State submitted InsPector while on that petitioner/ accused pushed the to obstructing the act amounts duty. That the said legitimate duty of police personnel' That petitioner/ accused abused the police personnel in filihy language and drove ''r' "-.: ? ) 4 JAX- J 'RL P ,o tSOB2 a[ 2A24 the ve ricl,: irr a rash and negligent manner in a drunken condition and when asked for Breath An aly::er lest. he pushecr tl.r: police personnel. B HerLrd ,dr. Lakkireddy Lokesh Reddy, learned counsel iearned the police for pet itr on,_,r/ accused, and Mr. S. prashant.h. Assistant I)-,r blic prosecutor for respondent- Stat:. 9. Orr l;'). )4.2A23 at about 2i0O hou-s. personnr:l rve I e conducting drunk and drive test Frrm the record, it ij observed that petitioner/ac:cus ed, while proceeding tcu.ar.ds Hayathnagar on a bike bearing No.TS l7EX76't:,, ir.:rs stopped by the team and tried to carry out a Breath An l.zer Test. An allegation is levt:lleci that petitioner !\.ils n a drunken condition, picked up abused in frjt | ,y language and obstructed the duty of th{t nersonnel and also pushed the Inspector rl qu arrel, Jegitimate

10. It is ,3616y66n knorvledge that Breath Analyzerreading indicates tlrr. corresponding blood alcohol level. The reading is c;-r.rciaj to cletermine whether a person is in a drunken conditir>n or not. The readings are in milligrams ) JAK' J CRL P.No.I5oa2 of 2O2a (mg) per deciliter (d1)' Whether Breath AnalYzer Test is conductedornotisnotforthcoming.Intheabsenceof such test, an adverse inference can be drawn with regard to the allegation of drunken driving' The accusation that he pushed aside the Inspector of Police is supported by the statements of one Head Constable' one Home Guard and one Police Constable' 1 1 . Considered the entire factual matrix of the case' interestsofjusticewillbemet,ifpetitioner/accusedbe directed to p.articipate in the tralfic management and be a part of "drunk and drive check-' for one hour' apart from other conditions' Petitioner/ accused shall report to Hayathnagar Police Station, who in turn sha1l engage the petitioner for one hour from 9:00 A'M' to 10:OO A'M' in the morning for three consecutive days and from 5:00 P'M' to 6:00 P.M., in the evening hours for two consecutive days for managing/controlling the traJfic along with the trafirc police. On the day of drunk and drive test in the evening' heshallbepresentalongwiththepolicepersonnelat Hayathnagar and participate in the drunk and drive check' I 6 JAK, J :Fl P ia j5OA2 oI2024 The pe,titro -rer shali coordinate with the police ancl educate the rider-l; / drivers about the consequences ol driving vehicles a in clrunken condition.

12. A .re tc rt is submitted by the Inspcctor ol Hayathnagar police Station, Rachakonda Comrr issi cnerate. In the reJro r . it is stated as follows: Police, '. { is submitted^that after dispatch of the a bovr sard ()rlcr on 25.03.2025 p"i"i""J. 'rr".""in',ilu,,.,,,, T]l " iJayathnagar police Starjon wher.ein rtr( pcrrl,orr.r lrad oar.ricipared in tralfic mal;;;;";, ,,.. 25 O.r .,rr 15 to 27.Oj'.2O2s'. ,;;';;;J;;';,:;lr.. , , -Eu....stera. O9,Oo \M ro rO 0O Ha,rathna gar, Hydcrabad. . AI\f ar nrC I'rr rhcr. rhc pelitioncr had ^ nk" irn J DriVe Clrcck on 2a.OJ.202S llr,jrl vrrirl ,\ r-r u-. aiong, wilh Rl Srrsailam . 07:OO pM ro 0g:00 pM. parttcipated in at SYR Gar,len. in thc everr ing t-'uitl-rer ihe peritioner had participated in triffrc ,,;.:;t,, m-arlagcrr(,nr on 29.03.2025 ".a so o5loi=. :"T',,i l.s1s 1.".. 05:00 pV ," Oo OO p*nl-i;;,.,; :1,. X Roa i f ;ryathnagar, Hyderabad-..

13. Pen-rse<l the recor,j, no document l)ertatnl lg Breath Arralr,ze r Test is placed before this CotLrt. It is qurte surprisingJ .as t o how the pe titioner/ accused is r.em,rnded for two days; u,ilhout l Breath Analy zer Test repor _. 13 : that as it may, it rs not disputed that petitione - is, not remanded Sier,: -ron 353 of IpC reads as below: 7 JAK' J CRL.P.No-tsoa2 of2024 crirninal force to deter Public '353. Assault of servant from discharge of his duty'- Whoever assaults or uses criminal force to any person i"t* " o"Otn servart in the execution of his duty as servant, or wrth intent to prevent or deter J;;;r; that person from discharging his duty i: ="* p:b1' servant, or in consequence of anything done or * be done by such person in the lawful ",,"-r"" discharge of his duty as such public servant' "nT.-* with imprisonment of either description lor a ;;;;;; "tJm wrrich may extend to two years' or with fine' or with both." - I

14. A close examination of Section 353 of the IPC would indicate that to invoke the aforesaid offence' there must be use of criminal tbrce or assault on any public servailt in the execution of his official duty or with the intent to prevent or deter such public servant from discharging his duty. The ingredients of the alleged offence are not made out lrom the record ln the case of offence under Section 353 of IPC, actuat use of criminal force or assault on public servant is necessary' mere pushing does not amount to use of criminal force or assault' When there is no allegation of use of criminal force in the complaint/FlR' proceedings are suscePtible to be quashed' I JAK, J at l P \o ts?n2 n[2A24

15. Iror l-re aforesaid reasons and in th,: fiLcts and circum st,a:rc.es of the case, the proceedings in (..(l.No.9B7 of 2O2:i registered under Crime No.Sl0 of :2023 on the file of XI\r Arl jitional Metropolitan Magistrate C,1p51 , Ranga Reddy Dish.rct at Hayathnagar, are liable to be and are a c,<:o:dingly quashed. ,luashed

16. Ac:co1jin*1r, the Criminal petition is allou,e cl Mis<:eril aneous appiicatiorrs pencling, if an_r, shall stand closecl ro, . u5eu?7'#utAffiH=- //'RUE coPYtt 1r, . s;sc*roN oFFlcER r rhe xrv Atr,i tronar ^t-1.^^^,,,^ \ Hayathnalla. nal Metropoiitan ft/agistrat{) r;our.. ( )yberabad at " . i;::3:i] 1?l ::bgrr:r. Hayathnasar porrce Starron Ra,:h.1k )nda . Hyd"r";;:,,,i, i'"" 4 uneccto .<r ,,ruu,.."^r_,1^^: :'': ,,rl FO' o t ;rkkireddv Lokesh Reddv Advocate [opuc] t"'ntorthestate'l f )tanqanaat Prosecutor, High courr fc iJi ;; ;".,0::. .Z\ 7 HIGH COURT JAK, J DATED:03/0,412.025 ORDER CRLP.No.1S08Z ot 2024 I ,, 'J >l :-; :1 THE CRIMIN,AI- PETITION IS ALLOWED OF AS INFRUCTUOUS OC 6W \b