MYNAMPALLY HANUMANTH RAO Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Petition is filed under Section 482 Cr.P.C. by the petitioners/A.1 and A.2 seeking to quash the proceedings in C.C.No.23 of 2019 on the file of the Trial of Special Sessions Court for MP/MLAs, Hyderabad at Nampally.

(2.) The case of the prosecution is that on 22.04.2014 at about 12.30 hours while the de facto complainant/Police Constable 9313 f Bowenpally Police Station, along with Head constable, was on patrolling duty in BC-11 and when they reached near Hasmathpet Cross Road, they found that the petitioners along with about 200 members were campaigning bike rally from Hasmathpet Cross Road to new Bowenpally Cross Road, in connection with coming General Election, 2014. When he asked for permission, they gave a permission copy and on perusal of the said permission it was found that they got permission from ACP Kukatpally, who is the Nodal Officer, but Hasmathpet and Bowenpally areas are not mentioned in the said permission. As such, their bike rally from Hasmathpet Cross Road to New Bowenpally Cross Road is without permission and violated the Model Code of Conduct. Basing on the said Complaint, the Sub Inspector of Police registered a case in Cr.No.168 of 2014 for the offences punishable under Section 188 IPC and 21/76 of City Police Act and investigated the same and filed charge sheet against the petitioners.

(3.) Heard the learned counsel for the petitioners; the learned Additional Public Prosecutor for the respondent State and perused the material on record.