Telangana High Court
P.Vijayalaxmi And Others vs The State Of Telangana on 25 February, 2021
Bench: K.Lakshman
THE HONOURABLE SRI JUSTICE K. LAKSHMAN
CRIMINAL PETITION No.872 OF 2018
ORDER:
This Criminal Petition is filed under Section 482 of the Code of
Criminal Procedure, 1973 seeking to quash the proceedings in Crime
No.116 of 2016 on the file of Mudigonda Police Station, Khammam
District. The petitioners herein are respondent Nos.1 to 5 of B-Group
- accused Nos.11 to 15 in the said crime. The offence alleged against
them is under Section - 107 of Cr.P.C.
2. Heard Mr. V. Brahmaiah Chowdary, learrned counsel for the
petitioners, and learned Assistant Public Prosecutor. Perused the
record.
3. The learned counsel for the petitioners 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 the case and seeks to quash the present crime. He has
placed reliance on an unreported judgment of Madras High Court in
Dharmaraj v. State, rep.by the Inspector of Police, Perumalpuram
Police Station, Tirunelveli District1.
Crl.OP.(MD).Nos.15216 of 2017 & 10113 of 2017, decided on 09.11.2017
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, Tharigoppula Police Station, have registered the above
for the offence. The Madras High Court in the above said order dated
09.11.2017, by relying upon its earlier judgment, held that whenever
police receives 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 the Executive Magistrate. Accordingly, the Madras High
Court quashed the F.I.R. 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 Section
107, 110 and 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. 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 orders and also the procedure laid down under Sections
. W.P. No.685 of 2021 decided on 02.02.2021
- 107 to 110 of Cr.P.C., this Court is inclined to quash the present
crime.
7. Accordingly, the Criminal Petition is allowed and the
proceedings in Crime No.116 of 2016 on the file of Mudigonda Police
Station, Khammam District are hereby quashed against the petitioners
- respondent Nos.1 to 5 of B-Group - accused Nos.11 to 15.
As a sequel thereto, miscellaneous petitions, if any, pending, in
the criminal petition stand closed.
_________________
K. LAKSHMAN, J
25th February, 2021
Mgr
