Andhra Pradesh High Court - Amravati
Sri Kotta Bhaskar Nagabhushanam vs The State Of Andhra Pradesh on 4 March, 2022
(SHOW CAUSE NOTICE BEFORE ADMISSION}
IN THE HIGH COURT OF ANDNRA PRADESH AT AMARAVAT!
FRIDAY, THE FOURTH DAY OF MARCH
TWO THOUSAND SND TWENTY TYVO
"PRESENT:
THE HONOURABLE SRI JUSTICE D RAMESH
CRIMINAL PETITION NO: 1489 OF 2022
Rehvaen:
1. Gr Kotla Bhaskar Nagabhushanam, S/o. Satyanarayana Murthy, age 53 years.
Casie - Vysya, Rio. Sheemalapuram Vi Hage, Acha mia Mandal, West Sodava
Cystrict
Sr J. Venkata Range Rao, S/o. Madhavarac, ag @ 6 years, Caste-Kapu, Rin.
Housi ng Board Colony, Palakol, West Gadavan District
S. Nageswara Rao Kayala, S/o. Suryarao, age 7S years, Caste Kanu, Rio.
SangaruvariChervu Gattu,Palakol, West Godavari District,
4 Suryanarayana Bonam, S/o. Narasi imnherac, age 57 years, Caste-Kapu, Ais.
Venkaieswara Colony, Palakol, West Godavarl istrict
&. Balaramaraju Bhurathi nay Vo.Gopala Krishna Raju, se 85 years, Casie-
Malu, Rio. AVSNM Colony, Paiakel, We sat Gocdavern Distric
5. Narasimha Murthy Kandavill, Sfo.Yesobu, age 86 years, Caste-Mala . Ryo.
Rajeev Nagar, PALAKOL, West Godavar District.
Satyanarayana Ketha, Sfo. Sriramulu , Aged. 56 years, Caste. Setty Balla, Ro.
Haparru, Penugonda Mandal, West ¢ Godavan District.
NS
ms
rettioners/ Accused Nat ta ?
AND
1. The State of Andhra Pradesh, represented by its Public Proseouter, High Court
of Andhra Pradesh at Amaravath,
-
. Respondent
fd
The Station House Offioer, Palakof Town Police Station, PALAKOL, West
Gadavari District
.RespondsntDe-dacta Complainant
Whereas the Peliioners/Accused Nos.t ip 7 above named through their
Advocate Sri Pots sat Sada Krishna, presanied this Criminal Petition is fled under
Section 482 of Cr PoC. praying that in 'the cycumetanaes siatad in the mernarandum of
grounds filed | in : support of the Criminal Petition ihe Migh Court may be olaased fo
quash the proceedings in Crime [email protected]/2022 on the fle of Palakol Town Police Station,
Palakal, West Godavari District, Andhra Pradesh,
And Whereas the High Sour usan perusing the (rivunal oetiion and
R WS
mamorandum of grounds fled herein and upon hearing the arqunents of Sri Paolisetfi
Ractiha Krishna, Advonate for the PetiionersfAccused Nos.t to 7, directed issue of
notice to the Respondents herein te show cause as fo why fie CRIMINAL PETITION
should net be admitted.
You viz:
"
The Station House Officer, Falakal Town Patios Station, PALAKGL, West Godavari
District
| sre be and hereby directed to shaw cause either appearing in person of through ar
advocate, as fo why in in the circumstances set out in the pati ion and the grounds Hied
therewith (copy enclosed) this CRIMINAL PETITION should not be admitted.
IANO: 1 OF £022
Pattion under Section 482 of Gr. P.C is Med prays ing that in the circuimelaricess
atated in the mernorandum of gr rounds fed In support of the oy mines pation, the High
Cau ay ne pleased to grant slay af all turther prac romedings in Crime No.65 of 2082 are
the fle of the S.H.O. Paisk \ ation, F Dalakol, Wes { Godavan District,
Andhra oradesh, pending dis 4499 of 2OS2, an the fle of the High
Cont,
The Court made the following:
ORDER:
<
Notice to the respondantis}
Learned counsel for the petiioner{s} is permitted to fake out personal
natice to the 2 raspondant by Registered post with acknowledgment due and
fle proof of service inin the Ragistry.
This petition ie Hled under Section 482 Cr.P.O. to quash the proceedings in
Crime No.65 of 20227 on the file of the Station House Officer, Palakel Town Police
Station, Palakel, West Godavari District.
On 14.02.3082 at about $90 P.M, the respandent police have conducted «
search, prepared a mediators report and based on the search report, FIR is Hed
for the offences punishable under Sections 3 and 4 of AP. Gaming Act, 1274 af
$0.00 PLUM.
The lsgel cantention is that the action of the respondent police is cortrary
to the law laid down by this Court in Lalte Kumari Vs. Government of Utar
Pradesh and Others (O14 2 SCC Page 3}, wherein itis held in Para 1719 of the
judgment as folaws:-
"Para 119: Therefere, in view af various caanterciginis regarding registration or
non regivtration, what is necessary is gniy that the information given tm the police must
diselose the cummission of a cognizable offerce. In such a sifmation, registration of an FIR
is mandatary. However, if ma cognizable offence is made out in the information given, thea
the FIN need nat be registered immediately and perhaps the police can conduct « sart of
preliminary verification or inquiry for the Hiied purpose of ascertaining ag tg whether 2
counizable offimes has been camumitied. But, if the information given clearly mentions the
romimissign af a cognizable affenee, ihere is ne other option but to register an FER
forthwith. Other considerations are not relevant af the stage of registration of FUR, such as,
whether che infarmation is falveiv given, whether the information is pennine, whether the
infarmation is credible etc. These are the issues that have to be verified durher
imveatigation ef the FER. At the stage of registration of PUR, what is fe be seen is meraly
whether the information given «x facie discloses the commission of a cognizable offence. Uf,
after irvestigation, the Information given is faand to be false, there is always an option to
prosceute the complainant for Ging a false FER."
in the insfant case, accarding to the mediators report, an credibie
information received from the third parties, the reapondent police got search
warrant fram the Deputy Superintendent of Palice on 14.02.2022 and slong with
mediators they have conducted search at §.30 P.M and basing on the sald report
registered a case as Crime No.88 of 202¢ at about 10.00 P.M on the same day.
Hance, aaid 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 proceedinga in Crime No.68 of 2022 on the fle
of the Station Nouse Officer, Palakol Town Pofice Station, Palakel, Weet Godavari
tNetfict. veseeeesese . Se
_ Sas. M. SRINIVAS --
| ASSISATNT REGiIgTRAR 4
TRUE COPY)! fiw
SECTION OFFICER
ro | wo eS
4. The Station House Offleer, Palakal Town Pofice Station, Palakal, West
Gadavar District (BY RPAD)
Ss. Gne cc to Sri. Polisett Radha Srishna, Advocate [OPUC}
3. Two Cs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh [OUT]
4, One spare copy
YD
HIGH COURT
ORS
DATED OGAEN2022
ORDER
NOTICE BEFORE ADMISSION
CRLPB.No. 1498 of 2022
INTERIM STAY
