M.A Jabbaar vs The State Of Telangana
2021 Latest Caselaw 1077 Tel

            HON'BLE SRI JUSTICE K. LAKSHMAN

            CRIMINAL PETITION No.2776 OF 2021

ORDER:

This Criminal Petition is filed under Section - 482 of the Code

of Criminal Procedure, 1973 seeking to quash the proceedings in

Crime No.68 of 2021 of Khammam - I Town Police Station,

Khammam District. The petitioner herein accused. The offence

alleged against him is under Section - 107 of Cr.P.C.

2. Heard Mr. Shaik Madar, learned counsel for the petitioner,

and learned Assistant Public Prosecutor appearing on behalf of

respondent Nos.1 and 2. Perused the record.

3. The learned counsel for the petitioner would submit that the

police have no power to register a case for the offence punishable

under Section - 107 of Cr.P.C. There is a procedure prescribed to

register a case for the offence under Section - 107 of Cr.P.C. He

would further submit that in the present case, the police have not

followed the procedure laid down under Section - 107 of Cr.P.C.

while registering case and seeks to quash the present crime.

4. On the other hand, the learned Assistant Public Prosecutor

fairly submits that the present First Information Report is not

maintainable for the offence under Section - 107 of Cr.P.C.

5. Perusal of the entire record would reveal that the Station

House Officer, Khammam - I Town Police Station have registered the KL,J Crl.P. No.2776 of 2021

above for the offence on the ground that the petitioner now and then

organizing dharnas, programmes and processions etc., against the

government and that he was involved in various crimes viz.,

Cr.Nos.288 of 2020, 304 of 2016, 70 of 2018, 300 of 2019, 318 of

2020 and 66 of 2021 and creating law and order problem. In

Dharmaraj v. State, rep.by the Inspector of Police, Perumalpuram

Police Station, Tirunelveli District1, the Madras High Court relying

on its earlier judgment held that whenever police receives any

information, it may necessitate action by an Executive Magistrate

under Sections - 107 to 110 of Cr.P.C., and that the same shall be

entered in a separate register and requisition for action shall be made

to Executive Magistrate, and by observing so the Madras High Court

quashed the FIR registered for the offence punishable under Section -

107 of Cr.P.C. Even, this Court has also observed the same and also

directed the State not to register any crimes under Sections - 107 and

110 and also other provisions in Reddygari Srinivas Reddy v. the

State of Telangana, rep.by its Principal Secretary (Home

Department), Secretariat, Hyderabad2.

6. In the present case also, the Police have registered the above

crime under Section - 107 of Cr.P.C. against the petitioner without

following the procedure laid down under Section - 107 of Cr.P.C.

Hence, following the principle laid down by the Madras High Court as

well as this Court in the above said judgments and also the procedure

Crl.OP.(MD).Nos.15216 of 2017 & 10113 of 2017, decided on 09.11.2017

. W.P. No.685 of 2021 decided on 02.02.2021 KL,J Crl.P. No.2776 of 2021

laid down under Sections - 107 to 110 of Cr.P.C., this Court is

inclined to quash the above said crime.

7. The present Criminal Petition, is accordingly, allowed and

the proceedings in Crime No.68 of 2021 of Khammam - I Town

Police Station, Khammam District, are hereby quashed against the

petitioner herein.

As a sequel thereto, miscellaneous petitions, if any, pending, in

the criminal petition stand closed.

_________________ K. LAKSHMAN, J 06th April, 2021 DV/Mgr