HON'BLE SRI JUSTICE K. LAKSHMAN
CRIMINAL PETITION No.2776 OF 2021
ORDER:
This Criminal Petition is filed under Section - 482 of the Code of Criminal Procedure, 1973 seeking to quash the proceedings in Crime No.68 of 2021 of Khammam - I Town Police Station, Khammam District. The petitioner herein accused. The offence alleged against him is under Section - 107 of Cr.P.C.
2. Heard Mr. Shaik Madar, learned counsel for the petitioner, and learned Assistant Public Prosecutor appearing on behalf of respondent Nos.1 and 2. Perused the record.
3. The learned counsel for the petitioner would submit that the police have no power to register a case for the offence punishable under Section - 107 of Cr.P.C. There is a procedure prescribed to register a case for the offence under Section - 107 of Cr.P.C. He would further submit that in the present case, the police have not followed the procedure laid down under Section - 107 of Cr.P.C. while registering case and seeks to quash the present crime.
4. On the other hand, the learned Assistant Public Prosecutor fairly submits that the present First Information Report is not maintainable for the offence under Section - 107 of Cr.P.C.
5. Perusal of the entire record would reveal that the Station House Officer, Khammam - I Town Police Station have registered the KL,J Crl.P. No.2776 of 2021 2 above for the offence on the ground that the petitioner now and then organizing dharnas, programmes and processions etc., against the government and that he was involved in various crimes viz., Cr.Nos.288 of 2020, 304 of 2016, 70 of 2018, 300 of 2019, 318 of 2020 and 66 of 2021 and creating law and order problem. In Dharmaraj v. State, rep.by the Inspector of Police, Perumalpuram Police Station, Tirunelveli District1, the Madras High Court relying on its earlier judgment held that whenever police receives any information, it may necessitate action by an Executive Magistrate under Sections - 107 to 110 of Cr.P.C., and that the same shall be entered in a separate register and requisition for action shall be made to Executive Magistrate, and by observing so the Madras High Court quashed the FIR registered for the offence punishable under Section - 107 of Cr.P.C. Even, this Court has also observed the same and also directed the State not to register any crimes under Sections - 107 and 110 and also other provisions in Reddygari Srinivas Reddy v. the State of Telangana, rep.by its Principal Secretary (Home Department), Secretariat, Hyderabad2.
6. In the present case also, the Police have registered the above crime under Section - 107 of Cr.P.C. against the petitioner without following the procedure laid down under Section - 107 of Cr.P.C. Hence, following the principle laid down by the Madras High Court as well as this Court in the above said judgments and also the procedure 1 Crl.OP.(MD).Nos.15216 of 2017 & 10113 of 2017, decided on 09.11.2017 2 . W.P. No.685 of 2021 decided on 02.02.2021 KL,J Crl.P. No.2776 of 2021 3 laid down under Sections - 107 to 110 of Cr.P.C., this Court is inclined to quash the above said crime.
7. The present Criminal Petition, is accordingly, allowed and the proceedings in Crime No.68 of 2021 of Khammam - I Town Police Station, Khammam District, are hereby quashed against the petitioner herein.
As a sequel thereto, miscellaneous petitions, if any, pending, in the criminal petition stand closed.
_________________ K. LAKSHMAN, J 06th April, 2021 DV/Mgr