Andhra Pradesh High Court - Amravati
Unknown vs Additional Public Prosecutor ... on 28 October, 2021
Author: Cheekati Manavendranath Roy
Bench: Cheekati Manavendranath Roy
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
CRIMINAL PETITION No.5688 of 2021
ORDER:-
This Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") is filed seeking quash of F.I.R in Crime No.56 of 2021 of Santhamagulur Police Station, Prakasam District, registered under Section 107 Cr.P.C.
Heard learned counsel for the petitioners and learned Additional Public Prosecutor appearing for respondents 1 and 2.
This is yet another peculiar case where the police have registered the F.I.R relating to proceedings under Section 107 Cr.P.C which is unknown to criminal law. In fact, several such instances have come to the notice of this Court where the police in the State of Andhra Pradesh have been registering F.I.Rs under Section 107 Cr.P.C. Dealing with one such case, this Court in Criminal Petition No.4964 of 2021 has elaborately discussed the provisions relating to Chapter VIII of Cr.P.C under Sections 106 to 124 which includes Section 107 Cr.P.C. This Court clearly held that the provisions under Section 107 Cr.P.C and under Section 145 Cr.P.C are only preventive in nature and they are not penal in nature and it is not contemplated under law that an F.I.R is to be registered to initiate the proceedings either under Section 107 Cr.P.C or under Section 145 Cr.P.C. This Court further held in the aforesaid order that a reading of Section 154 Cr.P.C makes it manifest that only when the information that is furnished to the police discloses commission of a cognizable 2 offence, then only police are required to register an F.I.R under Section 154 Cr.P.C and investigate the case. Since the proceedings under Section 107 Cr.P.C are not relating to commission of any offence, this Court found fault with the police in registering the F.I.R under Section 107 Cr.P.C. Eventually, this Court held that registration of F.I.R under Section 107 Cr.P.C is ex facie illegal on the face of it and it is clearly unsustainable under law and thereby quashed the F.I.R. Incidentally, this Court has also given direction to the Director General of Police of the State of Andhra Pradesh to take necessary steps in this regard to instruct the Station House Officers of all the Police Stations in the State of Andhra Pradesh that F.I.R cannot be registered for the proceedings under Sections 107 and 145 Cr.P.C.
When questioned, learned Additional Public Prosecutor would submit that pursuant to the direction given by this Court in Criminal Petition No.4964 of 2021 that the Director General of Police of the State of Andhra Pradesh has issued proceedings dated 07.10.2021 directing all the Unit Heads in the State of Andhra Pradesh to instruct the Station House Officers of their jurisdiction that F.I.R cannot be registered for the proceedings under Sections 107 and 145 Cr.P.C. As can be seen from the record, the present F.I.R was registered on 03.03.2021 long prior to passing of the order by this Court in Criminal Petition No.4964 of 2021, dated 03.09.2021, and long prior to the proceedings of the Director General of Police, dated 07.10.2021. Therefore, in view of the aforesaid order of this Court and the legal position discussed therein, this Criminal Petition is allowed and the aforesaid F.I.R in 3 Crime No.56 of 2021 of Santhamagulur Police Station, Prakasam District, is hereby quashed.
Miscellaneous petitions, if any pending, in the Criminal Petition, shall stand closed.
_____________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY Date: 28-10-2021 AKN 4 THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY CRIMINAL PETITION No.5688 of 2021 Date: 28-10-2021 AKN