ORDER : 1. Criminal Petition No.11500 of 2023 is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (for short ‘BNSS’) by petitioner/accused No.5 to quash the proceedings against him in FIR No.232 of 2023 on the file of Kaghaznagar Town Police Station, Kumarambheem Asifabad. The offences alleged against petitioner are under Sections 307, 506, 109, 171-F, 294-b read with 34 of Indian Penal Code, 1860 (for short ‘IPC’). 2. Criminal Petition No.11501 of 2023 is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (for short ‘BNSS’) by petitioners/accused Nos.1 to 4 & 6 to quash the proceedings against him in FIR No.232 of 2023 on the file of Kaghaznagar Town Police Station, Kumarambheem Asifabad. The offences alleged against petitioner are under Sections 307, 506, 109, 171-F, 294-b read with 34 of Indian Penal Code, 1860 (for short ‘IPC’). 3. Heard Mr. V.Yadu Krishna Sainath, learned counsel for petitioners and Mr. E.Ganesh, learned Assistant Public Prosecutor for the respondent – State. Perused the material on record. 4. On the basis of the complaint, an FIR came to be registered bearing No.232 of 2023, dated 12.11.2023 for the offence punishable under Sections 307, 506, 109, 171-F, 294-b read with 34 of IPC. 5. It is observed from the complaint that on 12.11.2023, there was a meeting of BSP party and one Dr. R.S. Praveen Kumar was invited for the program and when the meeting was going on, party bearers of BRS party came on vehicles, raising sounds of the vehicles and causing interference in the meeting. That, two vehicles of BRS party were brought into the meeting arena and tried to create obstructions to the meeting. That they requested the driver to take vehicle away from the meeting and in spite of the request, the driver of the vehicle bearing No.AP 28 TD 5575, tried to strangle the throat of the complainant and seems to have been made a statement that the MLA is behind him and he can do anything what he wants and MLA is going to protect him. It is also averred that residents of Vijay Basti Colony objected and tried to rescue from the driver and even now throat pain is still persisting. 6. It is further stated in the complaint that the driver tried to kill him and stated that he had the support of MLA. Hence, the complaint. 7. It is also averred that residents of Vijay Basti Colony objected and tried to rescue from the driver and even now throat pain is still persisting. 6. It is further stated in the complaint that the driver tried to kill him and stated that he had the support of MLA. Hence, the complaint. 7. On a perusal of the complaint, it is apparent that the petitioner/accused No.5 was not present at the time of the incident. It is on the basis of the statement which was made by the accused No.1 that he had the support of the petitioner/accused No.5, he tried to strangle his throat with his bare hands. In all six people have been named in the FIR. But whereas in the complaint, it is specifically stated that accused Nos.2, 3 and 4 were present at the spot. In the complaint, nowhere it is reflected that accused No.5 was present nor on his instigation, the said incident has taken place. 8. Section 307 of IPC reads as follows: “ Attempt to murder.— Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and if hurt is caused to any person by such act, the offender shall be liable either to [imprisonment for life], or to such punishment as is hereinbefore mentioned. Attempts by life-convicts.— [When any person offending under this section is under sentence of 1 [imprisonment for life], he may, if hurt is caused, be punished with death.]” 9. Section 506 of IPC reads as follows: “ 506. Attempts by life-convicts.— [When any person offending under this section is under sentence of 1 [imprisonment for life], he may, if hurt is caused, be punished with death.]” 9. Section 506 of IPC reads as follows: “ 506. Punishment for criminal intimidation.— Whoever commits the offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.” If threat be to cause death or grievous hurt, etc.— and if the threat be to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or 1 [imprisonment for life], or with imprisonment for a term which may extend to seven years, or to impute unchastity to a woman, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.” 10. Section 109 of IPC reads as follows: “ 109. Punishment of abetment if the act abetted is committed in consequence and where no express provision is made for its punishment.— Whoever abets any offence shall, if the act abetted is committed in consequence of the abetment, and no express provision is made by this Code for the punishment of such abetment, be punished with the punishment provided for the offence. Explanation.— An act or offence is said to be committed in consequence of abetment, when it is committed in consequence of the instigation, or in pursuance of the conspiracy, or with the aid which constitutes the abetment.” 11. Section 171-F of IPC reads as follows: “ 171F. Punishment for undue influence or personation at an election.— Whoever commits the offence of undue influence or personation at an election shall be punished with imprisonment of either description for a term which may extend to one year or with fine, or with both.” 12. Section 294-b of IPC reads as follows: “ 294. Obscene acts and songs.— Whoever, to the annoyance of others, (b) sings, recites or utters any obscene song, ballad or words, in or near any public place, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.” 13. Section 294-b of IPC reads as follows: “ 294. Obscene acts and songs.— Whoever, to the annoyance of others, (b) sings, recites or utters any obscene song, ballad or words, in or near any public place, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.” 13. On a perusal of the Sections 307, 506, 109, 171-F, 294-b read with 34 of IPC, it is observed that the person who has been complained of should have purported the Act. In the present complaint, the very presence of accused No.5 is not even made out in the complaint. It is only on the statement of the accused No.1 that MLA is behind his back, cannot be made a ground to rope in accused No.5/petitioner in the offence. For an offence to be attracted, the ingredients of the complaint, prima facie at least should make out an allegation, so that the offence is made out. Though, it has been held that complaint is not an encyclopedia. At least there should be some element to attract the offence. No such element to attract the offence is made out in the complaint. 14. Learned Assistant Public Prosecutor for respondent- State has placed on record a final report presented in Court of Judicial First Class Magistrate at Sirpur-T. The contents of the report are as follows: “The brief facts of the case are that, on 12.11.2021 at 21:00 hrs the complainant Sayyed Fayeem S/o Ameeruddin, R/o Vijaya basti, Sirsilk, Kaghaznagar came to PS and lodged a complaint and the contents of the complaint are that to-day on 12-11-2023 at 18:30 hrs Sunday to discuss about his Basti issues with Dr. RS Praveen Kumar, BSP party contesting candidate was invited and conducting meeting at Sirsilk chowrasta, while conducting BSP party meeting BRS party canvasing vehicle came to Sirsilk Chowrasta area by increasing sound and caused disturbance to the meeting. Two canvasing vehicle entered into middle of the meeting of gathering with high sounds with an intention to disturb the meeting. We requested the BRS canvasing vehicles drivers to go away from the meeting place, but they ignored them. Dr. RS Praveen Kumar also requested them, but they not listen. Two canvasing vehicle entered into middle of the meeting of gathering with high sounds with an intention to disturb the meeting. We requested the BRS canvasing vehicles drivers to go away from the meeting place, but they ignored them. Dr. RS Praveen Kumar also requested them, but they not listen. I requested the driver Aleem of canvasing vehicle B.No AP 28 TD 5575 to take his vehicle away from the meeting place, on that he tried attempted in commit murder him by throttling, said that Koneru Konappa, Koneru Vasu were his back and said “meeru yem pikkuntaro pikkondi” and threatened. One Shabbir Hussain, Thanniru Posham, Sharath, Mustafiz Hussain who were present with him saved him otherwise he lost his lives. While discussing Koneru Phani, Lalith, Anshuman were also present there and prevented him and his basti people from joining in BSP party, future election is within 15 days and attack may occurred on him and they will kill him, still his neck is paining. He requested for action against driver Aleem who tried and attempt to kill him. Koneru Konappa, Koneru Vasu, Koneru Phani, Lalith, Anshuman who were behind the driver Aleem. The driver tried to kill him by throttling and his behind supporters to register a case against them. He poising life threat from Koneru Konappa, Koneru Vasu and their followers, they restricted his freedom of speech to speak with the party leaders came to him, also seized his freedom of voting to his favorite Party in coming elections. Requested to provide protection to his life and take action on attackers and supports. On receipt of the above report from LW-1, LW-8 had registered a case in Cr No.232/2023 U/Sec 307,506,109,171-F,294 r/w 34 and issued FIR, Original FIR sent to Hon'ble court and copies to all the concerned officers and investigated into. Requested to provide protection to his life and take action on attackers and supports. On receipt of the above report from LW-1, LW-8 had registered a case in Cr No.232/2023 U/Sec 307,506,109,171-F,294 r/w 34 and issued FIR, Original FIR sent to Hon'ble court and copies to all the concerned officers and investigated into. During the course of investigation, LW-8 examined the LW-1 recorded his detailed statement in part-II case diary U/Sec. 161 Cr.P.C. On 13.12.2023 LW-8 visited the scene of offence, situated at Sirsilk, (Vijayabasti chowk), Kaghaznagar examined the independent eye witnesses LWs 2 to 5 who's shops located in front of the incident place, recorded their statements in part-II case diary u/s 161Cr.P.C. LW-8 observed the scene of offence in presence two mediators LWs 6 & 7, noted the crime details on Crime Detail Form, drafted the rough sketch of scene of offence on separate page in presence of same above mediators. From the investigation done and evidence collected so far it is come to know that in view of elections to TSLA, on 12-11-2023 at 1830 hrs Sunday Dr. RS Praveen Kumar, BSP party contesting candidate was conducting meeting at Sirsilk chowrasta Vijaybasthi, while conducting BSP party meeting BRS party canvasing vehicle came to Sirsilk Chowrasta, Vijaybasthi area by increasing sound and caused disturbance to the meeting and stopped at some distance from the corner meeting. On seeing the BRS canvasing vehicles the complainant requested the driver to go away from the meeting place, but he ignored him. Dr. RS Praveen Kumar also requested by announcing through mike to left the place, but they not listen. mean time some of the BSP party workers were went to the BRS campaign vehicle and removed the flags of BRS party, break the wires, and damaged the mike set with pelting stones, beat the driver with hands, BRS driver with fear left the place with his campaign chariot. In this issue a counter case was registered in PS Kaghaznagar-T, PS vide Crime No.234/2023. As per collected evidence and strength of the independent eye witnesses LWs 2 to 5 are established that, alleged accused A1 is the driver of BRS canvasing vehicle B.No AP 28 TD 5575, alleged accused Al didn't attempted to commit murder to LW-01 by throttling, the alleged accused Al to A6 are not committed any. On the request of Dr. As per collected evidence and strength of the independent eye witnesses LWs 2 to 5 are established that, alleged accused A1 is the driver of BRS canvasing vehicle B.No AP 28 TD 5575, alleged accused Al didn't attempted to commit murder to LW-01 by throttling, the alleged accused Al to A6 are not committed any. On the request of Dr. RS Praveen Kumar, the BSP party workers were went to the BRS campaign vehicle and removed the flags of BRS party, break the wires, and damaged the mike set with pelting stones, beat the alleged accused Al (driver) with hands, BRS alleged accused A1 (driver) with fear left the place with his campaign chariot. Thereafter, immediately police force went there. Then after completion of BSP party campaign meeting, they also left from there. The LW-01 made a plan to implicate BRS Party leaders in criminal case, due to political revenge and old political enmities between the both parties, the LW-01 filed false report against alleged accused Al to A6. On requisition SDPO, Kaghaznagar accorded permission to refer the case as “False” vide proceedings No.08/SDPO/2024, Dt.05.01.2024. In the above circumstances the case is referred as “False” and final report submitting in the Hon’ble Court with a pray to issue final proceeding accordingly. Hence, the final report.” 15. In view of the report filed before the concerned Judicial First Class Magistrate, this Court is of the opinion that proceedings in FIR No.232 of 2023 on the file of Kaghaznagar Town Police Station, Kumarambheem Asifabad, qua petitioners/accused No. 1 to 6 are liable to be quashed and are accordingly quashed. 16. For the aforesaid reasons, these Criminal Petitions are allowed. Miscellaneous applications pending, if any, shall stand closed.