APHC010515842025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10091/2025 Between: 1. BOYA RAVI TEJA, S/O BOYA YERRAMALA, 20 YEARS R/O 2-76, POTHUGALLU, KRISHNAGIRI,KURNOOL, ANDHRA PRADESH - 518225 ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR,HIGH COURT OF ANDHRA PRADESHAT AMARAVATI, GUNTUR DISTRICT. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. VENKAT CHALASANI Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ORDER: The instant Criminal Petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short „BNSS‟) read with Section 482 of the Code of Criminal Procedure, 1973 (for short „CrPC‟) has been filed, by the Petitioner/Accused No.6 seeking to quash the proceedings against him in C.C.No.1538 of 2019 on the file of Special Judicial First Class Magistrate, Mobile Court, Kurnool for the offences under Sections 143, 188, 341 read with 149 of Indian Penal Code, 1860 (for short „IPC‟). 2 2. Heard Ms.B.Tapaswi, learned counsel representing Sri Venkat Chalasani, learned counsel for the Petitioner and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor for the State. 3. Learned counsel for the Petitioner would submit that there are no ingredients to attract the offences alleged against the Petitioner. He would submit that the case has been lodged against the Petitioner alleging that he along with other Accused formed into unlawful assembly, armed with AISF Banners and flags without prior permission of the Government and wrongfully restrained the general public and vehicles and caused disturbance to the public peace and tranquillity by raising slogans “Police Down Down”. Learned counsel further submits that in view of the bar under Section 195 Cr.P.C the present case cannot be registered for the offence under Section 188 IPC. Learned counsel would finally submit that no prima facie case is made out against the Petitioner. Hence, prayed for quashment of the proceedings against the Petitioners. 4. Learned Assistant Public Prosecutor would submit that Court may pass appropriate orders. 5. For ready reference, Sections 141, 143 and 341 IPC are extracted hereunder: “141. Unlawful assembly.—An assembly of five or more persons is designated an “unlawful assembly”, if the common object of the persons composing that assembly is— First.—To overawe by criminal force, or show of criminal force, 12[the Central or any State Government or Parliament or the Legislature of any State], or any public servant in the exercise of the lawful power of such public servant; or Second.—To resist the execution of any law, or of any legal process; or 3 Third.—To commit any mischief or criminal trespass, or other offence; or Fourth.—By means of criminal force, or show of criminal force, to any person, to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right; or Fifth.—By means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound to do, or to omit to do what he is legally entitled to do. Explanation.—An assembly which was not unlawful when it assembled, may subsequently become an unlawful assembly. 143. Punishment.—Whoever is a member of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both. 339. Wrongful restraint.—Whoever voluntarily obstructs any person so as to prevent that person from proceeding in any direction in which that person has a right to proceed, is said wrongfully to restrain that person. 341. Punishment for wrongful restraint.—Whoever wrongfully restrains any person shall bepunished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both..” 6. As seen from the material placed on record, on 09.11.2018 there was a Dharna conducted by AISF leaders and students at Kurnool Colelctorate Office for not providing basic needs for Government Hostels and in that connection, on 10.11.2018 at 14.00 hours at VBR Circle near old bus stand, Kodumur Village and Mandal, all the Accused formed into an unlawful assembly, armed with AISF Banners and flags and without prior permission of the Government officials, wrongfully restrained the general public and vehicles and caused disturbance to the public peace and tranquillity by raising slogans “Police Down Down. The contents of the complaint would go to show that, nothing has been alleged to prima facie show any criminal intention on the 4 part of the Petitioner to commit any of the offences alleged against him. Further, as rightly put by the learned counsel for the Petitioner, in view of the bar under Section 195 Cr.P.C., the Police are not empowered to investigate into the offence punishable under Section 188 of IPC and file charge sheet basing on a police report. 7. Perusal of Section 141 would reveal that, an assembly of five or more persons will become unlawful assembly only when they have a common object and the said object falls within the categories mentioned above. In the case on hand, a perusal of the complaint shows that there is no mention of any of the ingredients that can attract any one of the five categories mentioned in Section 141 IPC. Furthermore, no iota of evidence is placed on record, to prove the presence of the Petitioner / Accused No.6 at the relevant time and place. Apparently, no criminal force is alleged to have been committed by the Petitioner. 8. Except a bald allegation, there is no material either to show that the Petitioner obstructed the public and caused disturbance to the public peace and tranquillity. There is also no allegation as to the intentional resistance or illegal obstruction to the lawful apprehension by the Petitioner and the common object for committing an offence. In such circumstances, this Court is of the view that the conduct alleged against the Petitioner does not satisfy the ingredients of Section 141 IPC i.e., unlawful assembly. When the allegations do not satisfy the ingredients of unlawful assembly, the offences under Sections 143, and 341 read with 149 IPC cannot be attracted and the Petitioner cannot be prosecuted for the said offences. 5 9. Accordingly, the Criminal Petition is allowed and the proceedings against the Petitioner / Accused No.6 in C.C.No.1538 of 2019 on the file of Special Judicial First Class Magistrate, Mobile Court, Kurnool for the offences under Sections 143, 188, 341 read with 149 IPC, are herby quashed. Pending applications, if any, shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:26.09.2025 Dinesh 6 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION No:10091 OF 2025 Dt.26.09.2025 Dinesh