Andhra Pradesh High Court - Amravati
Gandepalli Rama Devi, vs State Of Ap on 16 February, 2024
IN THE HIGH COURT OF ANDHRA PRADESH ::
AMARAVATI
(Special Original Jurisdiction)
[ 3330 ]
FRIDAY ,THE SIXTEENTH DAY OF FEBRUARY
AP
HC010241202019 TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO
CRIMINAL PETITION NO: 4674 OF 2019
Between:
1. Gandepalli Rama Devi,, W/o. Gandepalli Srinivas, Hindu, Aged
40 years, Advocate, Flat No 106, Sivakrishna Residency, Gandhi
Nagar, Machilipatnam, Krishna District.
...PETITIONER/ACCUSED(S)
AND
1. STATE OF AP, Rep by its Public Prosecutor, High Court of
Andhra Pradesh, Amarava hi
2. Moganti Rama Santhi, D/o. Ramanjaneyulu, Hindu, aged 35
years, Advocate, R/o.D.No. 20/516- 2-3, NGO's Colony,
Paraspet, Machilipatnam, Krishna District.
...RESPONDENT/COMPLAINANTS
Petition under Section 437/438/439/482 of Cr.P.C praying
that in the circumstances stated in the Memorandum of Grounds of
Criminal Petition, the High Court filed to QUASH the Criminal Case
in C.C. No.408 of 2019 on the file of Court of the II Addl. Judicial
Magistrate of I Class, Machilipatnam, Krishna District
I.A. NO: 1 OF 2019
Petition under Section 482 of Cr.P.C praying that in the
circumstances stated in the Memorandum of Grounds of Criminal
Petition,the High Court may be pleased pleased to dispense with the
filing of the certified copy of Charge Sheet in C.C. No.408 of 2019 on
the file of Court of the II Addl. Judicial Magistrate of I Class,
Machilipatnam, Krishna District till the disposal of Main Quash
Petition
I.A. NO: 2 OF 2019
Petition under Section 482 of Cr.P.C praying that in the
circumstances stated in the Memorandum of Grounds of Criminal
Petition,the High Court may be pleased to grant stay of all further
proceedings including the appearance of the petitioner in Cc
408/2019 on the file of the court of II Addl. Judicial magistrate of I
class, Machilipatnam till the disposal of the main criminal petition
This Petition coming on for hearing,upon perusing the
Memorandum of Grounds of Criminal Petition and upon hearing the
arguments of Sri NARASIMHA RAO GUDISEVA ,Advocate for the
Petitioner and the Public Prosecutor (TG/AP) on behalf of the
Respondent No. and of Sri_Advocate for the Respondent No.
The Court made the following:
The present criminal petition is filed by the
petitioner/accused seeking to quash the proceedings in
C.C.No.408 of 2019 on the file of learned II Additional Judicial
Magistrate of First Class, Machilipatnam, Krishna District.
2. The issue in the present criminal petition pertains to legal
issue, the said legal issue is that, whether the learned Magistrate
should give reasons for empowering the police officer to
investigate the non-cognizable case? This Court in S.Yadagiri
Reddy and others v. State of Andhra Pradesh 1, following the
judgment of Sajjal Agawal and another v. State of Andhra
Pradesh2, held that, it is desirable that the learned Magistrate
should give reasons for empowering a police officer to investigate
a non-cognizable case, so that an aggrieved party will be in a
2019 (1) ALD(Crl.)939
2011(1) ALT (Crl.) 59 (S.B.)
position to know for what reasons his application was considered
or not considered and in opinion of the Court that the learned
Magistrate should not be causal in granting permission under
Section 155(2) of Cr.P.C. simply because a police officer
requested for such permission. The learned Magistrate has to
consider entire gamut of the case and take into account whether
a police officer will be in a position to collect better material
during investigation than the complainant himself furnishing
material in support of his case. Otherwise, there is every
possibility of misuse of Section 155(2) of Cr.P.C in case such a
power is given to any unscrupulous police officer misusing his
official position and harassing the named accused persons.
3. Whereas, in the present case also the learned Magistrate
has not assailed any reasons, simply it is stated permission is
hereby recorded under Section 155(2) of Cr.P.C. to register a
case for the offence punishable under Section 506 of I.P.C.
4. The legal question that was raised in the criminal petition
is squarely covered by the judgments referred supra.
5. Hence, the Criminal Petition is allowed. The proceedings
against the petitioner/accused in C.C.No.408 of 2019 on the file
of learned II Additional Judicial Magistrate of First Class,
Machilipatnam, Krishna District are hereby quashed.
As a sequel, miscellaneous petitions, if any, pending in
this Criminal Petition shall stand closed.
________________________________________
JUSTICE TARLADA RAJASEKHAR RAO
Date:16.02.2024
KBN
THE HON'BLE SRI JUSTICE TARLADA RAJASEKHARA RAO
CRIMINAL PETITION No.4674 OF 2019
Date:16-02-2024
KBN
