Telangana High Court
Radapaka Sathaiah vs The State Of Telangana And 2 Others on 21 October, 2020
Author: K. Lakshman
Bench: K. Lakshman
THE HONOURABLE SRI JUSTICE K. LAKSHMAN
I.A. No. 1 OF 2020
IN/AND
CRIMINAL PETITION No.5306 OF 2020
COMMON 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 Crime No.110 of 2020 pending on the file of the Station House Officer, Zaffargadh Police Station, Jangaon District. The petitioner herein is the sole accused in the said Crime. The offence alleged against him is under Section 107 of Cr.P.C.
2. Heard Sri D. Bhaskar Reddy, learned counsel for the petitioner, and learned Assistant Public Prosecutor for the respondents. Perused the record.
3. Sri D. Bhaskar Reddy, learned counsel for the petitioner, 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 procedure prescribed to register a case for the said offence. 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 accordingly seeks to quash the present crime. In support of his contention, the learned counsel for the petitioner has placed reliance on an unreported judgment of Madras High Court dated 2 09.11.2017 in Criminal O.P. (MD) No.15216 of 2017 and Criminal M.P. (MD) No.10113 of 2017.
4. The learned counsel for the petitioner would further submit that basing on the said FIR, respondent No.3 bound over the petitioner for good behaviour for a period of six (06) months i.e., from 09.07.2020 to 09.01.2021, and in default, to forfeit a sum of Rs.1,50,000/-. While the things stood thus, respondent No.2 has filed a petition before respondent No.3 with a request for forfeiture of the bonds and, thereafter, respondent No.3 has issued a notice on 02.09.2020 to the petitioner on the ground that he has committed a breach of bond by committing an offence in the said crime under Section 107 of Cr.P.C. and, accordingly, directed the petitioner to pay penalty of Rs.1,50,000/- within seven days.
5. The learned counsel for the petitioner would further submit that thereafter respondent No.3 has issued order in proceedings MC No.B/175/2020, dated 15.09.2020 stating that respondent No.2 has filed report before him that the petitioner has obstructed the construction of grave yard works in Sy.No.231 under Upadi Hami Pathakam, pursuant thereto, a case in Crime No.162 of 2020 was registered under Sections 447, 427 of IPC and Section 3 of PDDP Act and that if the petitioner let free, he may commit cognizable offence and, therefore, in order to prevent such type of offence, the petitioner was sent before respondent No.3 to bind over him and accordingly, respondent No.3 obtained bonds from him for Rs.1,50,000/-. He 3 would further submit that since the petitioner has committed breach of bond executed earlier and since he has not given any reply for the notice issued by respondent No.3 and since the petitioner committed the offence, respondent No.2 was directed to take the petitioner into custody immediately under Section 446 of Cr.P.C. i.e., warrant of imprisonment on breach of bond to keep the peace and in pursuance of the same, the petitioner was sent to the Central Prison, Warangal, and from then onwards he is in jail. In view of the same, the petitioner has filed I.A. No.1 of 2020 to order for his release.
6. The learned counsel for the petitioner would further submit that there are civil disputes pending between the petitioner and the complainant and Crime No.162 of 2019 was also registered against the petitioner. But, respondent No.3 without looking into the said aspects, including Crime No.162 of 2019, ordered warrant, which is in violation of law.
7. 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.
8. A perusal of the entire record reveals that the Police, Zaffargadh Police Station, have registered Crime No.110 of 2020 for the offence punishable under Section 107 of Cr.P.C. against the petitioner. The Madras High Court in the above said order dated 09.11.2017, by relying upon its earlier judgment, held that whenever 4 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.
9. 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 against the petitioner.
10. Accordingly, the Criminal Petition is allowed and the proceedings in Crime No.118 of 2020 on the file of the Station House Officer, Zaffargadh Police Station, Jangaon District, against the petitioner/accused, are hereby quashed.
11. As stated above, respondent No.3 has issued warrant of imprisonment on the ground of breach of bond to keep the peace, on 15.09.2020, and pursuant to the same, the petitioner was arrested and he is in judicial remand from 15.09.2020. The said warrant of imprisonment dated 15.09.2020 is pursuant to the proceedings in Crime No.110 of 2020 for the offence under Section 107 of Cr.P.C. 5 But, in view of the quashment of the said proceedings in Crime No.110 of 2020 against the petitioner herein, for the reasons stated above, the petitioner is ordered to be released on bail.
12. Accordingly, I.A. No.1 of 2020 is allowed, and the Superintendent, Central Prison, Warangal, is hereby directed to release the petitioner/accused, who was remanded in Crime No.110 of 2020 of Zaffargadh Police Station, Jangaon District pursuant to the execution of warrant of imprisonment on breach of bond to keep the peace in Form No.54 issued by respondent No.3, Executive Magistrate and Tahsildar, Zaffargadh Mandal, Jangaon District, forthwith.
As a sequel thereto, miscellaneous petitions, if any, pending, in the criminal petition stand closed.
_________________ K. LAKSHMAN, J Date: 21.10.2020 Note:
Furnish C.C. today B/o. TJMR