NETHI VIDYASAGAR Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Heard Smt. Devineni Radha Rani, learned counsel representing Sri M.Rajender Reddy, learned counsel for the petitioner, and Smt. Shalini Saxena, learned counsel representing Sri Palle Nageshwara Rao, learned Public Prosecutor appearing for State. Despite service of notice, there is no representation on behalf of 2nd respondent.

(2.) This Criminal Petition is filed under Sec. 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'BNSS') to quash the cognizance order dtd. 6/4/2024 for the offences punishable under Ss. 504 of IPC and Sec. 3(1) (r ) (s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Amendment Act, 2015) (for short, the SC&ST Act') and issuing summons to the petitioner herein/accused in SC.SPL.No.51 of 2024 by the Special Sessions Court for SCs/STs (POA) Act, 1989, Nalgonda. Facts of the case:-

(3.) On the complaint dtd. 1/11/2023, the Police, Nakrekal Police Station, have registered a case in Cr.No.259 of 2023 against the petitioner herein. In the said complaint, 2nd respondent stated that he was working as a Member of Flying Squad Team (FST) team and he was on election duty in Nakrekal. It came to his notice that on 1/11/2023, the petitioner, the Former Deputy Chairman of Telangana Legislative Council, on 31/10/2023 at about 2.30 P.M., came to Kattangoor village for the purpose of participating in election campaign, gave speech on the road at Kattangoor centre. He abused the then sitting Member of Legislative Assembly (MLA) from Nakrekal Assembly Constituency belongs to BRS party in abusive and filthy language. The petitioner belongs to Kapu community. Therefore, the petitioner insulted the sitting MLA of Nakrekal is a Member of SC/ST community and therefore, he requested the Sub Inspector of Police, Nakrekal Police Station, to take action against the petitioner herein.