Telangana High Court
Kesari Verinchi Kumar Reddy vs The State Of Telangana on 3 April, 2025
THE HON'BLE SHRI JUSTICE ANIL KUMAR JUKANTI
CRIMINAL PETITION No.15082 OF 2024
ORDER:
This Criminal Petition is filed with the following relief:
".... to call for the records and proceedings of this case i.e., C.C.No.987 of 2023 in Crime No.510 of 2023 from the Investigating Officer of the Hayathnagar Police Station and from the Hon'ble XIV Additional Metropolitan Magistrate Court, Ranga Reddy District at Hayathnagar, and after pursuing the same, quash the proceedings in FIR No.5610 of 2023 on the file of Hayathnagar Police Station, Hyderabad ..."
2. F.I.R.No.510 of 2023 came to be registered on the complaint of respondent No.2-de facto complainant on 29.04.2023 under Section 353 of IPC.
3. Respondent No.2 with superior officers was conducting drunk and drive test at Information Colony X Road, Hayathnagar under the supervision of Vanasthalipuram Traffic Police. A bike bearing No.TS 11 EX 7673 was proceeding in a rash and negligent manner, driver allegedly in a drunken condition i.e., petitioner/accused. When petitioner was asked to take the Breath Analyzer Test, he abused in filthy language, pushed Inspector (Nagarjuna) and picked up a quarrel and 2 JAK, J CRL.P.No.15082 of 2024 obstructed their legitimate duties. The incident was captured in the mobile phone of one Home Guard (Uday Kumar), the driver of Inspector.
4. Charge sheet is filed on 31.05.2023 under Section 353 of IPC. The contents of the complaint/FIR are in toto reflected in the charge sheet. No notice under Section 41-A Cr.P.C. was issued to the petitioner/accused. Petitioner was sent to judicial remand, his arrest particulars were informed to his brother (Section 50A Cr.P.C). On 29.04.2023, petitioner was produced before the Court and remanded for two (2) days.
5. Learned counsel for petitioner/accused submitted that even if a drunk and drive test is carried out, copy of the reading(s) obtained from Breath Analyzer Test has to be placed on record. That no such details were forthcoming either in the complaint or in the charge sheet. It is further submitted that the respondents concluded as if the petitioner/accused is in a drunken condition and abused the police personnel on duty. It is also submitted that in the absence of any test result being placed on record, 3 JAK, J CRL.P.No.15082 of 2024 merely recording or stating in the complaint that the accused was driving the vehicle in a drunken condition, amounts to a false accusation. It is pointed out that that without affording an opportunity, the petitioner/accused was produced before the concerned Court and sent to judicial remand for two days.
6. It is submitted that the accusation that the petitioner drove the vehicle in a drunken condition without any test report is suffice to establish the fact that it is a frivolous complaint/case and it is only to implicate the petitioner, complaint is lodged. Hence, learned counsel for petitioner prayed to quash the proceedings in C.C.No.987 of 2023 on the file of XIV Additional Metropolitan Magistrate, Ranga Reddy District.
7. On the other hand, learned Assistant Public Prosecutor appearing for the respondent - State submitted that petitioner/accused pushed the Inspector while on duty. That the said act amounts to obstructing the legitimate duty of police personnel. That petitioner/accused abused the police personnel in filthy language and drove 4 JAK, J CRL.P.No.15082 of 2024 the vehicle in a rash and negligent manner in a drunken condition and when asked for Breath Analyzer Test, he pushed the police personnel.
8. Heard Mr. Lakkireddy Lokesh Reddy, learned counsel for petitioner/accused, and Mr. S. Prashanth, learned Assistant Public Prosecutor for respondent- State.
9. On 29.04.2023 at about 2100 hours, the police personnel were conducting drunk and drive test. From the record, it is observed that petitioner/accused, while proceeding towards Hayathnagar on a bike bearing No.TS 11EX 7673, was stopped by the team and tried to carry out a Breath Analyzer Test. An allegation is levelled that petitioner was in a drunken condition, picked up a quarrel, abused in filthy language and obstructed the legitimate duty of the personnel and also pushed the Inspector.
10. It is common knowledge that Breath Analyzer reading indicates the corresponding blood alcohol level. The reading is crucial to determine whether a person is in a drunken condition or not. The readings are in milligrams 5 JAK, J CRL.P.No.15082 of 2024 (mg) per deciliter (dl). Whether Breath Analyzer Test is conducted or not is not forthcoming. In the absence of such test, an adverse inference can be drawn with regard to the allegation of drunken driving. The accusation that he pushed aside the Inspector of Police is supported by the statements of one Head Constable, one Home Guard and one Police Constable.
11. Considered the entire factual matrix of the case, interests of justice will be met, if petitioner/accused be directed to participate in the traffic management and be a part of "drunk and drive check" for one hour, apart from other conditions. Petitioner/accused shall report to Hayathnagar Police Station, who in turn shall engage the petitioner for one hour from 9:00 A.M. to 10:00 A.M. in the morning for three consecutive days and from 5:00 P.M. to 6:00 P.M., in the evening hours for two consecutive days for managing/controlling the traffic along with the traffic police. On the day of drunk and drive test in the evening, he shall be present along with the police personnel at Hayathnagar and participate in the drunk and drive check. 6
JAK, J CRL.P.No.15082 of 2024 The petitioner shall coordinate with the police and educate the riders/drivers about the consequences of driving vehicles a in drunken condition.
12. A report is submitted by the Inspector of Police, Hayathnagar Police Station, Rachakonda Commissionerate. In the report, it is stated as follows:
"It is submitted that after dispatch of the above said Order on 25.03.2025 petitioner herein reported before Hayathnagar Police Station wherein the petitioner had participated in traffic management from 25.03.2025 to 27.03.2025 in the morning hours i.e., 09.00 AM to 10.00 AM at RTC Bus Stand, Hayathnagar, Hyderabad.
Further, the petitioner had participated in Drunk and Drive Check on 28.03.2025 at SYR Garden, Virat Nagar, along with RI Srisailam in the evening hours i.e., 07:00 PM to 08:00 PM.
Further the petitioner had participated in traffic management on 29.03.2025 and 30.03.2025 in the evening hours i.e., 05:00 PM to 06.00 PM at Kuntloor X Road, Hayathnagar, Hyderabad."
13. Perused the record, no document pertaining to Breath Analyzer Test is placed before this Court. It is quite surprising as to how the petitioner/accused is remanded for two days without a Breath Analyzer Test report. Be that as it may, it is not disputed that petitioner is not remanded. Section 353 of IPC reads as below: 7
JAK, J CRL.P.No.15082 of 2024 "353. Assault or criminal force to deter public servant from discharge of his duty.--
Whoever assaults or uses criminal force to any person being a public servant in the execution of his duty as such public servant, or with intent to prevent or deter that person from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by such person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both."
14. A close examination of Section 353 of the IPC would indicate that to invoke the aforesaid offence, there must be use of criminal force or assault on any public servant in the execution of his official duty or with the intent to prevent or deter such public servant from discharging his duty. The ingredients of the alleged offence are not made out from the record. In the case of offence under Section 353 of IPC, actual use of criminal force or assault on public servant is necessary, mere pushing does not amount to use of criminal force or assault. When there is no allegation of use of criminal force in the complaint/FIR, proceedings are susceptible to be quashed.
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JAK, J CRL.P.No.15082 of 2024
15. For the aforesaid reasons and in the facts and circumstances of the case, the proceedings in C.C.No.987 of 2023 registered under Crime No.510 of 2023 on the file of XIV Additional Metropolitan Magistrate Court, Ranga Reddy District at Hayathnagar, are liable to be quashed and are accordingly quashed.
16. Accordingly, the Criminal Petition is allowed.
Miscellaneous applications pending, if any, shall stand closed.
___________________________ ANIL KUMAR JUKANTI, J Date:03.04.2025 KH 9 JAK, J CRL.P.No.15082 of 2024 THE HON'BLE SHRI JUSTICE ANIL KUMAR JUKANTI CRIMINAL PETITION No.15082 OF 2024 Date:03.04.2025 KH