Telangana High Court
Mallangi Sai Vijay Reddy vs The State Of Telangana, on 11 July, 2025
THE HONOURABLE SMT. JUSTICE K. SUJANA
CRIMINAL PETITION No.4954 of 2025
ORDER:
This Criminal Petition is filed seeking to quash the proceedings against the petitioners/accused Nos.1 and 2 in Crime No.622 of 2025 of Gachibowli Police Station, Cyberabad Commissionerate, registered for the offences punishable under Sections 289, 125, 223, 329(3) of the Bharatiya Nyaya Sanhita (for short, 'BNS') and Section 11(A) read with Section 5(A) of the Aircraft Act, 1934 (for short 'the Act').
2. The brief facts of the case are that on 01.04.2025, respondent No.2 - Sub Inspector of Police registered the case against the petitioners stating that while on bandobust duty at the main gate of Hyderabad Central University (HCU), the de-facto complainant noticed a drone being operated in a public area by the petitioners. Upon enquiry, the petitioners failed to produce the requisite license or authorization to operate the said drone and thereafter attempted to abscond from the location. Aggrieved thereby, the petitioners filed the present criminal petition.
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3. Heard Sri A. Kranti Kumar Reddy, learned counsel for petitioners and Sri M. Vivekananda Reddy, learned Assistant Public Prosecutor for the respondents-State.
4. Learned counsel for the petitioners submitted that none of the alleged offences mentioned in the complaint are attracted in the present case and that the complaint merely alleges that the petitioners operated a drone at the main gate of HCU without obtaining the necessary license or permission. He further submitted that the petitioners were operating a nano unmanned aircraft system, and as per Rule 13 of the Drone Rules, 2021, no certificate is required for the operation of such systems. Therefore, flying the drone without permission does not constitute an offence.
5. Learned counsel for the petitioners contended that no approval is required for the operation of unmanned aircraft systems in green zones, and the scene of offence i.e., HCU main gate falls within a designated green zone that does not require prior permission. Therefore, the alleged offences are not applicable to the facts of the case and prayed the Court to 3 SKS,J Crl.P.No.4954 of 2025 quash the proceedings against the petitioners by allowing this criminal petition.
6. On the other hand, learned Assistant Public Prosecutor filed a counter stating that the Deputy General Manager of Telangana Industrial Infrastructure Corporation Limited (TGIIC), Hyderabad, had addressed a letter to the Deputy Commissioner of Police, Madhapur, Cyberabad, requesting police protection due to obstruction caused by university students of HCU while clearing bushes at the Kancha Gachibowli land. Accordingly, while providing security to TGIIC during the bush-clearing operation at Kancha Gachibowli, the petitioners allegedly operated a drone without obtaining any license or permission. He further submitted that the investigation is not yet completed and at this stage, quashing of proceedings against the petitioners does not arise. Therefore, he prayed the Court to dismiss the criminal petition.
7. Upon considering the submissions made by both parties and perusal of the material available on record, it is observed 4 SKS,J Crl.P.No.4954 of 2025 that the main allegation against the petitioners is that they operated an unmanned aerial vehicle (drone) near the main gate of HCU without obtaining prior license or permission. However, as per Rule 13 of the Drone Rules, 2021, a nano unmanned aircraft systems are exempt from the requirement of certification or permission for operation. The drone of the petitioners falls within this exempted category. Furthermore, the scene of the alleged offence is situated in a designated green zone. As per the said Rules, operation of drones in green zones does not require prior approval from any authority.
8. In light of the above, the offences alleged against the petitioners, prima facie do not apply to the facts of the present case. Therefore, continuation of criminal proceedings against the petitioners is nothing but an abuse of the process of law and the same is liable to be quashed.
9. Accordingly, this Criminal Petition is allowed and the proceedings against the petitioners/accused Nos.1 and 2 in 5 SKS,J Crl.P.No.4954 of 2025 Crime No.622 of 2025 on the file of Gachibowli Police Station, Cyberabad, are hereby quashed.
Miscellaneous applications, if any pending, shall also stand closed.
_______________ K. SUJANA, J Date: 11.07.2025 SS