HONOURABLE SRI JUSTICE K.LAKSHMAN
CRIMINAL PETITION No.2295 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.82 of 2021 of Kachiguda Police Station, Hyderabad. The petitioners herein are accused Nos.4 and 5. The offences alleged against them are under Sections 41(A) and 107 Cr.P.C.
Heard Sri L.Ram Singh, learned counsel for the petitioners as well as the learned Assistant Public Prosecutor.
Perused the record.
Learned counsel for the petitioners would submit that the Police have no power to register a case for the offences punishable under Sections 41(A) and 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 placed reliance on an unreported judgment of the Madras High Court in DHARMARAJ V/s. STATE, REP.BY THE INSPECTOR OF POLICE, PERUMALPURAM POLICE STATION, TIRUNELVELI DISTRICT1.
On the other hand, 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.
Perusal of the entire record would reveal that the Station House Officer, Kachiguda Police Station, have registered the above crime for the aforesaid offences. 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 1 Crl.OP.(MD).Nos.15216 of 2017 & 10113 of 2017, decided on 09.11.2017 2 be entered in a separate register and requisition for action shall be made to the Executive Magistrate. Accordingly, the Madras High Court quashed the FIR registered for the offence punishable under Section 107 of Cr.P.C. Even, this Court had also observed the same and also directed the State not to register any crimes under Sections 107, 110 and other provisions, in REDDYGARI SRINIVAS REDDY V/s. THE STATE OF TELANGANA, REP.BY ITS PRINCIPAL SECRETARY (HOME DEPARTMENT), SECRETARIAT, HYDERABAD2.
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. Therefore, 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 107 to 110 of Cr.P.C., this Court is inclined to quash the present crime.
Accordingly, the Criminal Petition is allowed and the proceedings in Crime No.82 of 2021 of Kachiguda Police Station, Hyderabad, are hereby quashed against the petitioners-Accused Nos.4 and 5.
As a sequel thereto, miscellaneous petitions, if any, pending, in the criminal petition stand closed.
_________________ K. LAKSHMAN, J 23rd March, 2021 pgs 2 . W.P. No.685 of 2021 decided on 02.02.2021