Abdul Kabeer vs The State Of Telangana
2021 Latest Caselaw 927 Tel

                    HONOURABLE SRI JUSTICE K.LAKSHMAN

                      CRIMINAL PETITION No.2295 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.82 of 2021 of Kachiguda Police Station, Hyderabad. The petitioners

herein are accused Nos.4 and 5. The offences alleged against them are

under Sections 41(A) and 107 Cr.P.C.

Heard Sri L.Ram Singh, learned counsel for the petitioners as well

as the learned Assistant Public Prosecutor.

Perused the record.

Learned counsel for the petitioners would submit that the Police

have no power to register a case for the offences punishable under

Sections 41(A) and 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 placed reliance on an

unreported judgment of the Madras High Court in DHARMARAJ V/s.

STATE, REP.BY THE INSPECTOR OF POLICE, PERUMALPURAM

POLICE STATION, TIRUNELVELI DISTRICT1.

On the other hand, 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.

Perusal of the entire record would reveal that the Station House

Officer, Kachiguda Police Station, have registered the above crime for the

aforesaid offences. 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

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

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 had also observed the same and also directed

the State not to register any crimes under Sections 107, 110 and other

provisions, in REDDYGARI SRINIVAS REDDY V/s. THE STATE OF

TELANGANA, REP.BY ITS PRINCIPAL SECRETARY (HOME

DEPARTMENT), SECRETARIAT, HYDERABAD2.

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. Therefore, 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 107 to 110 of Cr.P.C.,

this Court is inclined to quash the present crime.

Accordingly, the Criminal Petition is allowed and the proceedings

in Crime No.82 of 2021 of Kachiguda Police Station, Hyderabad, are

hereby quashed against the petitioners-Accused Nos.4 and 5.

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

the criminal petition stand closed.

_________________ K. LAKSHMAN, J 23rd March, 2021

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. W.P. No.685 of 2021 decided on 02.02.2021