Andhra Pradesh High Court - Amravati
Ganta Srinivasa Rao, vs The State Of Andhra Pradesh on 18 July, 2022
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
IN THE COURT OF ANDHRA PRADESH :: AMARAVATHI
HON'BLE SRI JUSTICE NINALA JAYASURYA
CRIMINAL PETITION No.5132 OF 2022
Between:
Ganta Srinivasa Rao ..... Petitioner
And
1) The State of Andhra Pradesh,
Rep. by its Public Prosecutor and another .... Respondents
Counsel for the petitioner : Mr. K.Raghavacharyulu
Counsel for the respondents : The Assistant Public Prosecutor
ORDER:
The present Criminal Petition is filed seeking to quash the proceedings in C.C.No.3 of 2018 on the file of the Special Court for Trial of Criminal Cases relating to Elected M.Ps., and M.L.As., at Vijayawada.
2. Heard learned counsel for the petitioner and learned Assistant Public Prosecutor appearing for the respondents.
3. The petitioner is the accused in the above referred case against whom offences under Sections 171-E and 511 of Indian Penal Code (for short 'IPC') were registered.
4. The case of the prosecution is that on receipt of instructions from the Returning Officer, Anakapalli Assembly Constituency, search proceedings to cause search on the office-cum-residence of the accused which is being used as Prajarajyam Political Party situated at bypass road, Anakapalli were issued and on conducting search in the presence of mediators and others, 27 Cricket kit bags (each 2 containing one cricket bat, three stumps, a pair of hand gloves, one keeper glove and one cork ball), three sarees and 8 bundles of canvassing material of Prajarajyam Party were found. Since the said material were procured and secreted with a view to distribute them to the voters as a bribe to get votes in the ensuing Assembly Elections, a crime was registered vide Crime No.133 of 2009 under Sections 171- E and 511 of IPC. After completion of investigation, police filed Charge Sheet in C.C.No.381 of 2009 which was renumbered as C.C.No.3 of 2018 after transfer to the Special Court for Trial of Cases relating to Elected M.Ps and M.L.As at Vijayawada.
5. The learned counsel for the petitioner, inter alia, submits that the F.I.R., does not disclose any offence, much less the alleged offences referred to above. It is the submission of the learned counsel that the case was registered against the petitioner due to political rivalry and there is no material on record to show that the cricket kits and sarees were meant for bribery. It is further submitted that registration of the crime against the petitioner and continuation of proceedings is not sustainable in Law as no complaint was lodged by the concerned officer to set the law into motion and in the absence of the same, continuation of the proceedings against the petitioner for the alleged offences constitutes abuse of process of law and therefore, the same are liable to be quashed. The learned counsel also submits that the cognizance of the offences as taken in the present case by the learned Magistrate itself is not sustainable as no reasons were assigned, let alone application of mind. 3
6. In support of the contentions, the learned counsel places reliance on a decision of a learned Judge of Karnataka High Court (Dharwad Bench) in Criminal Petition No.101186 of 2018 dated 10.10.2018.
7. Learned Assistant Public Prosecutor, on the other hand, submits that the contentions advanced by the learned counsel for the petitioner are without any merits and there are no grounds to quash the proceedings as sought for by the petitioner.
8. This Court has considered the submissions made by the learned counsel for respective parties and perused the material on record.
9. As seen from the material on record, it would appear that no complaint is lodged by the Returning Officer to the police much less, a complaint to the concerned Magistrate. Only on "receipt of instructions" from the Returning Officer, the concerned police officer had registered the crime against the petitioner. Be that as it may.
10. As contended by the counsel for the petitioner, the learned Magistrate has not assigned any reason and the Order taking cognizance is on a printed/stamped proforma and the provisions of law are hand written. In the decision relied on by the learned counsel for the petitioner, in Criminal Petition No.101186 of 2018 referred to supra, identical issue was considered by a learned Judge of the Karnataka High Court. The relevant portion of the order reads as follows:
4
"15. The next question is whether the order taking cognizance and issuing process is sustainable under law. Admittedly, the said order is in a printed form. Only the provisions of law are hand written. This Court in K.Ramachandra Reddy's case referred to supra, referring to the earlier judgments of this Court in para 23 it was held as follows:
"23. The position in law will have to be referred to at this juncture. This Court, in the case of M/s.Vijaya Bank Vs. State by the Labour Enforcement Officer, reported in ILR 2000 Karnataka 4773, has held that, taking cognizance of an offence being a judicial act after application of mind, the Magistrate should not use "printed proforma" in which event the words "Cognizance is taken" are also printed or typed."
16. Thus the order taking cognizance and issuing process is without application of mind and unsustainable. So also the order permitting registration of the FIR and taking up investigation is unsustainable in law."
11. This Court is of the considered opinion that the above referred decision aptly applies to the facts of the case. In such view of the matter, the Order of the learned Magistrate taking cognizance of the alleged offence against the petitioner is not sustainable and consequently, the proceedings in C.C.No.3 of 2018 stands quashed. The matter is remitted back for passing appropriate order assigning reasons, in accordance with Law.
12. The Criminal Petition is accordingly disposed of in the above terms. Miscellaneous applications, pending if any, shall stand closed.
____________________ NINALA JAYASURYA, J Date: 18.07.2022 BLV 5 HON'BLE SRI JUSTICE NINALA JAYASURYA CRIMINAL PETITION No.5132 OF 2022 Date: 18.07.2022 BLV