Andhra Pradesh High Court - Amravati
Sri Aravindudu Akula, vs The State Of Andhra Pradesh on 24 November, 2021
HIGH COURT OF ANDHRA PRADESH
MAIN CASE NO.: Crl.P.No.6499 of 2021
PROCEEDING SHEET
Sl.No. Date ORDER OFFICE
NOTE
2. 24.11.2021 DR,J
I.A.No.1 of 2021
This petition is filed under Section
482 Cr.P.C to quash the proceedings
against the petitioners/A.1 to A.10 herein
in Cr.No.393/2021 of Palakollu Town
Police Station, West Godavari District.
On 24.10.2021 at about 4.30 PM the
respondent police have conducted a
search, prepared a mediators report and
based on the search report, FIR is filed for
the offences punishable under Sections
3 and 4 of A.P. Gaming Act, 1974 at
8.40 PM.
The legal contention is that the
action of the respondent police is contrary
to the law laid down by this Court in
Lalita Kumari Vs. Government of Uttar
Pradesh and Others [(2014) 2 SCC Page
1], wherein it is held in Para 119 of the
judgment as follows:-
Para 119: Therefore, in view of various
counterclaims regarding registration or non-
registration, what is necessary is only that the
information given to the police must disclose the
commission of a cognizable offence. In such a
situation, registration of an FIR is mandatory.
However, if no cognizable offence is made out in
the information given, then the FIR need not be
registered immediately and perhaps the police
can conduct a sort of preliminary verification or
inquiry for the limited purpose of ascertaining as
to whether a cognizable offence has been
committed. But, if the information given clearly
mentions the commission of a cognizable offence,
there is no other option but to register an FIR
Page 2
forthwith. Other considerations are not relevant
at the stage of registration of FIR, such as,
whether the information is falsely given, whether
the information is genuine, whether the
information is credible, etc. These are the issues
that have to be verified during investigation of
the FIR. At the stage of registration of FIR, what
is to be seen is merely whether the information
given ex facie discloses the commission of a
cognizable offence. If, after investigation, the
information given is found to be false, there is
always an option to prosecute the complainant
for filign a false FIR."
In the instant case, according to the
mediators report on credible information
received from third parties, the respondent
police got search warrant from the Deputy
Superintendent of Police on 24.10.2021
and along with mediators they have
conducted search at 5.00 PM and basing
on the said report registered a case as
Cr.No.393/2021 at 8.40 PM., on
24.10.2021. Hence, said action of the
respondent police is found to be false. In
view of the law laid down by the Apex
Court in the above judgment, there shall
be interim stay of all further proceedings
in Cr.No.393/2021 of Palakollu Town
Police Station, West Godavari District.
______
DR, J
Crl.P.No.6499 of 2021
Post after two (02) weeks.
______
DR, J
Note: Issue CC tomorrow
(B/o)
IS
