Andhra Pradesh High Court - Amravati
Gudala Stayanarayana, vs State Of Andhra Pradesh on 28 June, 2021
[3240]
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MONDAY, THE TWENTY EIGHTH DAY OF JUNE,
TWO THOUSAND AND TWENTY ONE
: PRESENT:
IA No, 2 OF 2021
iN
CRLP NO: 3412 OF 2021
Between:
1. Gudala Stayanarayana, S/o Late Appalakonda, aged 36 years, Occ: cultivation,
Nindugonda village, Rolugunta mandal, Visakhapatnam district.
2. Gudala Siva, aged S/o Late Appalakonda, aged 34 years, Occ: VRA for
Nindugonda Village, Nindugonda village, Rolugunta mandal, Visakhapatnam
district.
. .Petitioners/Accused
AND
1. State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra
Pradesh, Amaravathi.
2. B. Nagakarthik, S/o Not known to petitioners, Aged Major, Occ: Sub Inspector of
Police, O/o Kothakota Police Station, Ravikamatham Mandal, Visakhapatnam
District.
Respondent
Counsel for the Petitioners: SRI M SOLOMON RAJU
Counsel for the Respondent No.1: PUBLIC PROSECUTOR
Petition under Section 482 of Cr.P.C praying that in the circumstances stated in
the affidavit filed in support of the Criminal Petition, the High Court may be pleased to
grant stay of all further proceedings in FIR No: 86 of 2021, dated 28.05.2021 on the file
of Kothakota Police Station, Visakhapatnam including the appearance of the Accused,
pending disposal of CRLP No.3412 of 2021, on the file of the High Court. :
The court while directing issue of notice to the Respondents herein to show
cause as to why this application should not be complied with, made the following
order.(The receipt of this order will be deemed to be the receipt of notice in the case).
The Court made the following'
ORDER
"This criminal petition is filed seeking to quash the proceedings in Crime
No.86 of 2021 on the file of Kothakota Police Station, Visakhapatnam
District for the offences punishable under Section 107, 145 of Cr.P.C.
Learned counsel for the petitioners submits that the present
complaint is registered basing on the 145 Cr.P.c proceedings
issued by the Magistrate. He submits that the police officer suo moto is not
competent to register the complaint. He relied on the judgment of this Court in
K.Guravaiah Vs. State (2010 (2) ALD (Cri.) 69), wherein this Court held thus: -
"Section 145 of Cr.P.C does not contain a penal provision muchless deal
with any type of offence whether cognizable or non-cognizable. The scheme
under Cr.P.C envisages that there must be commission of an offence and such
offence may be a cognizable offence or non-cognizable offence for receiving
information by the police officer under Section 154 of Cr.P.c and sending the
same to the Magistrate in the prescribed form under Section 157 of Cr.P.c.
Without there being commission of an offence, the question of the police
officer receiving information under Section 154 of Cr.P.C or sending a report
in the prescribed form to the Magistrate under Section 157 of Cr.P.C does not
arise at all. The provisions of Cr.P.C do not contemplate registration of a crime
and issuing F.IL.R by a police officer in proceedings relating to Section 145 of
Cr.P.C."
Learned counsel for the petitioners submits that when there was
intereference with their possession, the petitioners' mother filed W.P.No,.17922 of
2020 and this Court by order dated 07.10.2020 has directed the respondents /
revenue department not to interfere with the possession and enjoyment of lands
in Survey Nos.362-2,361-4 and 362-ladmeasuring AC.2.03 cents, Ac.1.93 cents
and Ac.2.08 cents in Cheemalapadu Village, Ravikamatham Mandal,
Visakhapatnam District. He submits that no appeal was preferred by the revenue
department against the said order.
Hence, in view of law laid down by this Court in the judgment referred
supra, there shall be stay of all further proceedings in Crime No.86 of 2021 on
the file of Kothakota Police Station, Visakhapatnam District.
Post after four weeks."
Sd/-M. Sur oR
"MM. Yanadhg
. yanad| edd
ASSIS TAN i REGIS t RAR.
TRUE COPY// / SECTION OFFICER
To, -
1. The Station House Officer, Kothakota Police Station, Visakhapatnam District.
2. B. Nagakarthik, S/o Not known to petitioners, Aged Major, Occ: Sub Inspector of
Police, O/o Kothakota Police Station, Ravikamatham Mandal, Visakhapatnam
District. (By RPAD)
3. One CC to Sri M Solomon Raju, Advocate [OPUC]
4, Two CCs to Public Prosecutor, High Court of Andhra Pradesh [OUT]
5. One spare copy
SP
'HIGH COURT
LKJ
: 28/06/2021
DATED
POST AFTER FOUR WEEKS.
ORDER
1A No. 2 OF 2021
IN
-CRLP NO
3412 OF 2021
°
x
INTERIM DIRECTION
