Mallu Venkateswar Reddy Venkat ... vs The State Of Telangana
2021 Latest Caselaw 711 Tel

              HONOURABLE SRI JUSTICE K. LAKSHMAN

                   CRIMINAL PETITION No.1474 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.305 of 2020 of Kodad Town Police Station, Suryapet

District. The petitioners herein are accused No.3 and others -

respondent Nos.1 to 8 of A-Group. 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, Kodad Town 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 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 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.305 of 2020 of Kodad Town Police Station,

Suryapet District are hereby quashed against the petitioners -

respondent Nos.1 to 8 of A-Group.

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

the criminal petition stand closed.

_________________ K. LAKSHMAN, J 5th March, 2021 Mgr