Allowed

Praveen Kumar @ Builder Praveen, v. The State of Telangana

Telangana HC18 Nov 2024CRLP/13865/2024

Case brief

AI extract

What is this about?

Accused sought quashing of proceedings for distributing essential commodities during COVID lockdown allegedly violating lockdown orders. Holding that cognizance on a police report was barred for Sections 188 IPC and 51-b DM Act, with no evidence of wrongful restraint or COVID infection, the High Court quashed the proceedings.

What did the court decide?

Proceedings against the petitioner in C.C.No.6517 of 2020 pending before the IV Additional Chief Metropolitan Magistrate, Hyderabad, were quashed.

Praveen Kumar @ Builder Praveen, Vs The State of Telangana — Quashing and FIR | Telangana HC (2024)

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[3257 |

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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MONDAY, THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HON'BLE SMT. JUSTICE JUWADI SRIDEVI

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CRIMINAL PETITION No: 13865 of 2024

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Between:

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Praveen Kumar @ Builder praveen, S/o Late Dr. Satyanarayana, Age. 54 yrs. Occ: Business, R/o. H.No.2-'l -29014, Matrusri School Lane, Nallakunta, Hyderabad. ... Petitioners/Acc used

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AND

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The State of Telangana, Rep. by its p.p., High Court for the State of Telangana. At Hyderabad.

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K. ti/ahender, Sub-lnspector of police, p.S. Nallakunta, Hyderabad.

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...Respondents/Complainant

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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 c.c No. 6517 of 2020 on ihe file of the Hon'ble lV Additional Chief Metropolitan lti,lagistrate at Hyderabad.

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l.A. NO: 1OF 2024

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Petition under section 528of BNSS praying that in the circumstances stated in the lt/emorandum of Grounds of criminal petition, the High court may be pleased to stay all further proceedings including the appeaiance of the Petitioner's in c.c No.6517 of 2o20 on the fite of the Hon'ble lvih Additionat chief Metropolitan Magistrate at Hyderabad, pending disposal of the above criminal petition.

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This Petition coming on for hearing, upon perusing the lvlemorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri D. Ramakrishna, Advocate for the Petitioner and the Sri Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Respondent No.1 and None Appeared for the Respondent No.2.

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The Court made the following: ORDER

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HON'BLF]^{SMT. JUSTTCE JUVVADI SRIDEVI} CRIM^{TNALPETITION No.r3865 of2024}

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ORDER:

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This Criminal^{Petition is filed under Section 528 of} Bharatiya^{NagarikSuraksha Sanhita'2023' bythe} petitioner/accuseci^{to quash the proceedingsagainst him in} C.C.No.6517^{of 2020 pendingon the file of the learnedIV} AdditionalChiefMetropolitanMagistrate,Hyderabad, registered^{for the offences punishable under Sections 34t' 188} and269^{of IPCIand Section 5l-b of DisasterManagementAct'} 2005^{(for shorl 'Act')'}

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Heard Sri.^{D.Ramakrishna' leamed counsel for petitioner} as well^{as Sri Jithender Rao Veeramalla' learned Additional} Public^{Prosecutorappearing for the l" respondent-Stateand} perused^{the record.}

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Basing^{on the complaint dated 06'05'2020 todgedby the} 2nd respondent-the^{Sub-lnspector of Police'Nallakunta Police} Station, that^{the petitioner/accused along with his associates} has distributed^{essentialcommoditiesto the needy people} without maintaining^{socialdistance'due to which'people}

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gathered ln huge numbers and free flow of traffic was obstructed, violating the lockdown orders issued by the Health Department, Government of Telangana, a case in Crime No.5l of 2020 was regisrered against the petitioner. After completion of investigation, charge sheet was filed against the petitioner for the aforesaid offences.

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Learned counsel appearing for petitioner submitted that Section 195(1Xa) of Cr.P.C. and Section 60 of the Act bars taking cognizance ofthe offences under Sections 188 ofIpC and 51-b of the Act, except on a complaint in writing of the public servant concemed, however, in the present case, basing on the police report, charge sheet was filed. He further submitted that the petitioner and none of the persons, who have gathered at the scene, were not tested positive for COVID-I9, therefore, there is no chance of spreading the disease and the offence under Section 269 ofIPC is not made

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out. Furthermore, there is no evidence to show that neither the

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petitioner nor his associates have restrained anybody, hence, the offence under Section 34i ofIPC is not attracted. Hence, prayed to quash the proceedings against the petitioner.

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Learned Additional Public^{Prosecutor, on the other hand,}

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submitted that the petitioner has^{committedthe ofl'ences} alleged against him and the truth or^{otherwise of the} allegations levelled against^{the petitioner can only be known} after conducting investigation and^{full-fledgedtria[, andhence,} prayed to dismiss the petition.

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For the sake of convenience, Sections^{188 and 269 of} IPC, Section 195 of Cr.P.C., Sections^{5l-b and 60 of the Act} and Section 2(d) of Cr.P.C. are^{extracted hereunder.}

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I)isobedience to order duly^{promulgated by} public servant - Whoever, knowing that, by^an order promulgated by a public servant lawfully empolvered to promulgate such order, he is^{directedto abstain} from a certain act, or to take certain order^{with certain} property in his possession or under his management, disobeys such direction, shall, if such^disobedience causes to tender to cause obstruction,^{annovance or} injury. or risk ol obstruction, annoyance^{or injurl . ttr} any person lawfully employed, be^{punishedu'ith} simple imprisonment for^a term^{which may exlend to} one month or with hne which may extend^{to two} hundred rupees, or with both; and if^such disobedicnce causes or trends to cause^{danger to} human lifle, health or safety, or causes or^{tends to} cause a riot or affray, shall be^punished u'ith imprisonment of either description for a tenn lvhich may extcnd to six^months, or with fine which nlay extend to one^{thousandrupees,or with} both.

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Negligent acr likely to sprcad inlection of disease dangerous to life- Whoever unlawfully or negligently does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of an1. disease dangerous to life. shall be punished with imprisonment of either description lor a term rvhich may extend to six months, or u,ith fine, or with both.

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Prosecution for contempt of lawful authority olpublic servants, tbr olfcnces against public justice and lbr offences relating to documents given in evidence. (l) No Courts shall take cognizance(a) (i) of any offence punishable under sections 172 to 188 (both inclusive)of rhe Indian penal Code (45 of 1860), or

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(ii)of any abetment of, attempt to commit, such offence, or

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(iii) of any criminal conspiracy to commit, such offence, except on thc complaint in writing of the public servant concemed or of some other public servant to whom he is administrativelv subordinate.__

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5l-b refuses to comply with any direction given by or on behalf ol the Central Government or the State Government or the National Executive Committee or the State Executive Committee or the District Authority under this nct. shail on conviction be punishable with imprisonment for a term which may extend to one vear or with fine, or with both, and it such obstruction or refusal to comply with directions results in loss of lives or imminent danger thereof, shall on conviction be punishable with imprisonment for a term which may extend to two years.

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Cognizance of olfences .-No Court shall take cognizance of an offence under this Act except on a complaint made by-

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(q)the National Authoritv. the State Authority the Central Government, thc State Govemment, the

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District Authority^{or anl' other authoritl'or ofTiccr} atrthorised in this^{behalf by that Authorityor} Government, as the^{casemay be; or(b)anyperson} ''vho has given notice of^{not less than thirty days in thc} flranner prescribed, of^{the alleged o llence and his} intention to make a^{complaintto the National} Authoriry. the State^{Authority, theCentral} Govemment, the State^{Government, the District} Authority or any other^{authority or officer authorised} as aforesaid.

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2 (d) "comptaint" means^{any allegation made orally} or in writing to^a Magistrate,^{with a view to his taking} action under this Code, that^{some person.rvhether} known or unknown, has committed^{an offence.bul} does not include a^{policerePort-}

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l. Having heard both sides and^{perused the material on} record, it is evident^{that thoughthere is a bar underSections} 195(l)(a) of Cr.P.C.^and 60^{of the Act, basing on the Police} report, FIR was registered, on^{which, charge sheet was filed} before the trial Court,^{therefore,the chargesheetcannot be} treated as a 'complaint'^{as defined under Section2(d) ot} Cr.P.C. and the same is^{not maintainable. Therefore,the} petitioner cannot be prosecuted^{for the offences underSections} 188 of IPC and 5l-b of the Act. No^{evidence is produced by} the prosecution to show that the^{petitionerhas wrongfully} restrained anvbody, hence, the offence^{under Section 341 of} IPC is not attracted. Furthermore, during the^{course of}

investigation, the Investigation Officer has not taken any steps for conducting COVID test either on the petitioner or his associates to ascertain whether any of them w'ere affected with COVID-l9. When the petitioner was not affected with COVID-I9, the question of his spreading the same^{does not} arise, hence, the offence under Section 269 of IPC is also^not made out. For the said reasons, the^proceedings against^the petitioner are liable to be quashed.

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In view of the aforesaid reasons,^this Criminal^Petitionis allowed and the proceedings against^{the petitioner/accusedin} C.C.No.65 17 of 2020^pending on^the file of^{the learned IV} Additional Chief Metropolitan Magist rate,^{are herebyquashed.}

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Miscellaneous applications, if any^{pending,shall stand}

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closed.

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Sd/-T. JAYASREE ASSISTANT REGIFTRAR I

//TRUE COPY/ I

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