Justice Jukanti Anil Kumar of the Telangana High Court on Thursday gave major relief to BRS working president and MLA KT Rama Rao and MLC Goreti Venkanna by quashing the FIR registered against them at Saifabad Police Station for alleged violation of the Model Code of Conduct during the 2023 elections.
The case was based on an interview recorded at the Martyrs’ Memorial opposite Telangana Secretariat, where the police claimed that Rama Rao interviewed Venkanna about various government schemes while the election code was in force. The police also booked them for operating a drone camera without prior permission, terming it a clear violation of the election guidelines.
During the hearing, the Public Prosecutor argued that the interview was designed to give electoral advantage to the BRS and therefore amounted to a breach of the code. It was further submitted that
using a drone for filming at a sensitive government location without clearance attracted penal consequences.
Rama Rao’s counsel countered these allegations and told the Court that the FIR was politically motivated and filed only to cause inconvenience during the election season. He also pointed out that the mandatory procedure under Section 195 of the Code of Criminal Procedure, 1973, had not been followed. This provision requires a formal complaint from the competent authority before courts can take cognizance of certain offences.
After considering submissions from both the sides, Justice Anil Kumar held that the registration of the case itself suffered from legal defects, particularly the non-compliance with Section 195 CrPC. The Court observed that the police could not have proceeded without the mandatory sanction, and therefore the FIR could not be sustained.