THE HONOURABLE SRI JUSTICE K. LAKSHMAN
CRIMINAL PETITION No.872 OF 2018
ORDER:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 seeking to quash the proceedings in Crime No.116 of 2016 on the file of Mudigonda Police Station, Khammam District. The petitioners herein are respondent Nos.1 to 5 of B-Group
- accused Nos.11 to 15 in the said crime. The offence alleged against them is under Section - 107 of Cr.P.C.
2. Heard Mr. V. Brahmaiah Chowdary, learrned counsel for the petitioners, and learned Assistant Public Prosecutor. Perused the record.
3. The learned counsel for the petitioners 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 the case and seeks to quash the present crime. He has placed reliance on an unreported judgment of Madras High Court in Dharmaraj v. State, rep.by the Inspector of Police, Perumalpuram Police Station, Tirunelveli District1.
1 Crl.OP.(MD).Nos.15216 of 2017 & 10113 of 2017, decided on 09.11.2017 2
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, Tharigoppula Police Station, have registered the above for the offence. The Madras High Court in the above said order dated 09.11.2017, by relying upon its earlier judgment, held that whenever police receives 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 the Executive Magistrate. Accordingly, the Madras High Court quashed the F.I.R. 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 Section 107, 110 and 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. 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 orders and also the procedure laid down under Sections 2 . W.P. No.685 of 2021 decided on 02.02.2021 3
- 107 to 110 of Cr.P.C., this Court is inclined to quash the present crime.
7. Accordingly, the Criminal Petition is allowed and the proceedings in Crime No.116 of 2016 on the file of Mudigonda Police Station, Khammam District are hereby quashed against the petitioners
- respondent Nos.1 to 5 of B-Group - accused Nos.11 to 15.
As a sequel thereto, miscellaneous petitions, if any, pending, in the criminal petition stand closed.
_________________ K. LAKSHMAN, J 25th February, 2021 Mgr