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Heard Sri T.Balamohan Reddy, learned counsel appearing
for Sri R.Giri Kumar, learned counsel for petitioner/accused No.2
and Sri Palle Nageshwar Rao, learned Public Prosecutor for
respondent No.1 – State.
2. This Criminal Petition is filed under Section 528 of
Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), to quash the
proceedings against the petitioner/accused No.2 in C.C.No.403 of
2023 on the file of the learned Special Judicial Magistrate of First
Class for Excise Cases, Hyderabad.
3. Petitioner herein is the Chief Minister of Telangana
State and he is accused No.2 in the aforesaid C.C. The offence
alleged against him is under Section 188 of IPC.
2nd respondent lodged a complaint before Police, Garidepally Police
Station, Suryapet District, alleging that on 19.10.2019 at 11:00
A.M., when he was working as Model Code of Conduct (MCC)
Team leader in Huzurnagar bye elections, he noticed that one
meeting was conducted at Ponugodu Village and in that meeting
the petitioner/accused No.2 along with accused No.1 were giving
2 KL, J
speech in favour of Congress Party and after enquiry, 2nd
respondent came to know that accused No.1 and
petitioner/accused No.2 have conducted meeting without taking
any prior permission from the Returning Officer, Huzurnagar and
as such, they have violated the Model Code of Conduct.
Thereupon, Police, Garidepally Police Station, Suryapet District,
registered a case in Crime No.267 of 2019 against
petitioner/accused No.2 and accused No.1 for the offence
punishable under Section 188 of IPC. During the course of
investigation, the Investigating Officer recorded the statements of
2nd respondent as L.W.1, Revenue Inspector in Mandal Revenue
Office, Garidepally Mandal as L.W.2, Police Constable as L.W.3
and Videographer as L.W.4. After completion of investigation, the
Investigating Officer laid charge sheet against petitioner and
accused No.1 for the aforesaid offence and the same was taken on
file by the learned Special Judicial Magistrate of First Class for
Excise Cases, Hyderabad. The same was taken on file as
C.C.No.403 of 2023. Challenging the proceedings in the said C.C.,
petitioner/accused No.2 filed the present Criminal Petition.
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