Andhra Pradesh High Court - Amravati
Mangalagiri vs Unknown on 24 July, 2023
HON'BLE SRI JUSTICE K. SREENIVASA REDDY
Criminal Petition No.5172 of 2023
Order:
This Criminal petition is filed under Section 482 of Criminal
Procedure Code (for short 'Cr.P.C') to quash the proceedings in C.C
No.11 of 2019 on the file of learned Additional Junior Civil Judge,
Mangalagiri, registered for the offences punishable under Sections 143,
188 and 341 read with 34 of Indian Penal Code (for short 'I.P.C').
2. The offences allegedly committed by the petitioners are
punishable under Sections 143, 188 and 341 read with 34 of I.P.C. But
the Counsel for the petitioners placed reliance of several judgments
reported in Velagapudi Babu Rao v. State of Andhra Pradesh
and others1, Gali Muddu Krishnama Naidu v. The State of A.P.,
rep by Public Prosecutor2, K. Satya Narayana and another v.
State of Andhra Pradesh and another3 and Mahmood
Mohiuddin v. The State of Telangana4, so also the judgments in
Kottu Satyanarayana v. State of Andhra Pradesh5 and judgment
of this Court in Criminal Petition No.4278 of 2018. On the basis of
these judgments, the learned Counsel for the petitioners contended
that the offences allegedly committed by the petitioners are not
1
2012 (3) ALT (Crl.) 231
2
2016 (3) ALT (Crl.) 221
3
2012 (3) ALT (Crl.) 224
4
2018 (1) HLT (Crl.) 285
5
2015 (1) Andh LD (Criminal) 572
SRK, J
2 Crl.P.No.5172 of 2023
cognizable, except by a private complaint by the public servant
concerned.
3. Learned Assistant Public Prosecutor for the State, firmly
conceded that this issue is covered by the judgments referred supra. In
Kottu Satyanarayana (5th cited supra) the learned Single Judge of
High Court of A.P, placed reliance in Daulat Ram v. State of
Punjab6 and concluded that the offences punishable under Sections
188, 143 and 341 read with 34 of I.P.C are only by the public servant
concerned, not by a police report.
4. Sections 195 to 199 of Cr.P.C are an exception to general rule
that any person can set criminal law into motion. Sections 195 to 199
of Cr.P.C disclose that in respect of certain offences, criminal law can
be set into motion, by certain qualified persons only. The offences
allegedly committed by the petitioners are punishable under Sections
143, 188 and 341 read with 34 of I.P.C. One such offence committed
by the petitioners is punishable under Section 188 of I.P.C and
according to Section 195 of Cr.P.C, no court shall take cognizance of
any offence punishable under Sections 172 to 188 of I.P.C or of any
abetment of, attempt to commit, such offence, or of any criminal
conspiracy to commit, such by a public servant concerned or by of
some other public servant, to whom he is administratively subordinate.
6
AIR 1962 SC 1206
SRK, J
3 Crl.P.No.5172 of 2023
Therefore, for the offence punishable under Section 188 of I.P.C, the
complaint must be made by a public servant concerned or by some
other public servant. But in the present case, such complaint was not
made by a public servant. The Apex Court in the judgments referred
supra, while dealing with the offence punishable under Section 182 of
I.P.C, held that in the absence of any complaint by a public servant,
the proceedings are liable to be quashed.
5. Coming to the other offences punishable under Sections 341
and 143 of I.P.C are concerned, the petitioners being the members of
unlawful assembly are liable for punishment under Section 143 of
I.P.C. But to constitute an unlawful assembly, the assembly must
consists of five or more persons is designated an unlawful assembly, if
the common object of the persons composing that assembly is--
First.- To overawe by criminal force, or show of criminal force, 10*[the
Central or any State Government or Parliament or the
Legislature of any State], or any public servant in the exercise of
the lawful power of such public servant; or
Second.-To resist the execution of any law, or of any legal process; or
Third.- To commit any mischief or criminal trespass, or other offence;
or
Fourth.-By means of criminal force, or show of criminal force, to any
person to take or obtain possession of any property, or to
deprive any person of the enjoyment of a right of way, or of
the use of water or other incorporeal right of which he is in
possession or enjoyment, or to enforce any right or supposed
right; or
SRK, J
4 Crl.P.No.5172 of 2023
Fifth.- By means of criminal force, or show of criminal force, to compel
any person to do what he is not legally bound to do, or to omit
to do what he is legally entitled to do
Explanation.-An assembly which was not unlawful when it
assembled, may subsequently become an unlawful assembly.
But in the present facts of the case, there is absolutely, nothing to
constitute such an offence at least, covering clauses 1 to 5 under
Section 141 of I.P.C.
6. The other offence allegedly committed by the petitioners is
under Section 341 of I.P.C which deals with punishment for wrongful
restraint. This aspect is also covered by the judgment of this Court in
Criminal Petition No. 4278 of 2018 and Dr. Kodela Siva Prasad and
others v. Koritala Venkata Ramanaiah and another7. Since both
parties agreed that the issues involved in this petition are covered by
the judgments referred above, petition is disposed of in terms of the
orders referred above, quashing the proceedings against the
petitioners in C.C No.11 of 2019 on the file of Additional Junior Civil
Judge, Mangalagiri.
7. In the result, the petition is allowed, quashing the proceedings
against the petitioners herein in C.C No.11 of 2019 on the file of
Additional Junior Civil Judge, Mangalagiri, for the offences punishable
under Sections 143, 188 and 341 read with 34 of I.P.C.
7
2006 (3) ALT (Crl.) 495 (AP)
SRK, J
5 Crl.P.No.5172 of 2023
8. As a sequel thereto, the miscellaneous petitions, if any, pending
in this Criminal Petition shall stand closed.
_________________________
K. SREENIVASA REDDY, J.
Date:24.07.2023
Nsr
SRK, J
HON'BLE SRI JUSTICE K. SREENIVASA REDDY
Criminal Petition No.5172 of 2023
Date:24.07.2023
Nsr
