KONDA VISHWESHWAR REDDY Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Petition is filed under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita (for short 'BNSS') by petitioner/accused No.1 to quash the proceedings against him in C.C.No.281 of 2022 on the file of The Special Judicial First Class Magistrate for trial of Excise Cases, Manoranjan Complex, Nampally, Hyderabad.

(2.) Heard Mr. B.Balaji, learned counsel for petitioner/accused No.1 and Mr. E.Ganesh, Assistant Public Prosecutor for respondent No.1 -State.

(3.) On the basis of complaint of respondent No.2 (Machineella Ram Babu, Flying Squad In-charge Team No.1, Vikarabad), an FIR bearing No.69 of 2019 came to be registered on 12/3/2023 for the offences under Sec. 188 of Indian Penal Code, 1860 (for short 'IPC'). It is stated in the complaint that respondent No.2, while performing his duties, at 11:00 hours, came across a hunger strike being undertaken in an open place opposite to RDO office, Vikarabad, by the followers of a national party. That petitioner/accused No.1 (MP Chevalla) along with other accused (accused No.2 - Ex-MLA Pargi, accused No.3 - MLA Tandur, accused No.4 - Ex-Minister, Vikarabad, and accused No.5 - Vikarabad Congress Party Town President) participated in the hunger strike. It is further stated that as per the Model Code of Conduct, they could not have conducted such meeting, without proper permission. Hence, the complaint.