Telangana High Court
Sandela Murali Ramesh And 5 Others vs The State Of Telangana on 19 November, 2020
Author: K. Lakshman
Bench: K. Lakshman
THE HONOURABLE SRI JUSTICE K. LAKSHMAN
CRIMINAL PETITION No.5796 OF 2020
ORDER:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking to quash the proceedings in charge sheet No.74 of 2020 pending on the file of the Executive Magistrate / Tahsildar, Sircilla Komarambheem Asifabad District in Crime No.108 of 2020 of Dahegaon Police Station, Komarambheem Asifabad District. The petitioners herein are accused Nos.1 to 6 in the said Crime No.108 of 2020. The offence alleged against the petitioners is under Section 107 of the Code of Criminal Procedure, 1973.
2. Heard Sri Koppula Gopal, learned counsel for the petitioners, and learned Assistant Public Prosecutor for the respondents. 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 2 dated 09.11.2017 in Criminal O.P. (MD) No.15216 of 2017 and Criminal M.P. (MD) No.10113 of 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. A perusal of the entire record would reveal that the Police, Dahegaon Police Station, Komarambheem Asifabad District, have registered Crime No.108 of 2020 for the offence punishable under Section 107 of Cr.P.C. The Madras High Court in the above said order dated 09.11.2017, by relying upon its earlier judgment, held that whenever the 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.
6. In the present case also, the Police have registered the present 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 in the above said order and also the procedure laid down under Sections 107 to 110 of Cr.P.C., this Court is inclined to quash the present crime. 3
7. Accordingly, the Criminal Petition is allowed and the proceedings in proceedings in charge sheet No.74 of 2020 pending on the file of the Executive Magistrate / Tahsildar, Sircilla Komarambheem Asifabad District in Crime No.108 of 2020 of Dahegaon Police Station, Komarambheem Asifabad District are hereby quashed against the petitioners herein - accused Nos.1 to 6.
As a sequel thereto, miscellaneous petitions, if any, pending, in the criminal petition stand closed.
_________________ K. LAKSHMAN, J November 11, 2020.
DA