Andhra Pradesh High Court - Amravati
M Madeen Basha Mohdin Basha vs State Of Ap on 10 February, 2021
Author: Cheekati Manavendranath Roy
Bench: Cheekati Manavendranath Roy
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
CRIMINAL PETITION No.801 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 the F.I.R. in Crime No.17 of 2021 of Rompicherla Police Station, Chittoor District.
2. The 2nd respondent, who is working as Panchayat Secretary of Rompicherla village, lodged a report with the police stating that when he has been removing the flexis that are exhibited near his office on 27-01-2021, that the petitioners herein along with others obstructed him from discharging his official duties, threatened him with dire consequences and abused him in unparliamentary language. The said report was registered as a case in the above crime for the offences punishable under Sections 188, 353, 506 r/w 34 of the Indian Penal Code, 1860 (for short "I.P.C."). The said case is now under investigation.
3. The contents of the F.I.R. prima facie disclose commission of a cognizable offence punishable under Section 353 and 506 of I.P.C. Therefore, the matter requires investigation to find out the truth or otherwise of the said allegations. There are no valid grounds emanating from the record warranting interference of this Court under Section 482 of Cr.P.C. either to quash the F.I.R. or to stay the investigation.
4. Therefore, this Criminal Petition is devoid of merit and is hereby dismissed.
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However, as the offences registered against the petitioners are punishable with less than seven years period of imprisonment, the Investigation Officer is directed to follow the procedure contemplated under Section 41A Cr.P.C. and the guidelines prescribed by the Hon'ble Apex Court in Arnesh Kumar v. State of Bihar and another1 case.
As it is stated that the 6th petitioner herein has been contesting the present Gram Panchayat elections, no coercive steps shall be taken against him, till the poling date is completed.
Miscellaneous Petitions, if any pending, in this Criminal Petition, shall stand closed.
_____________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY Date : 10-02-2021 ARR 1 (2014) 8 SCC 273 3 THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY CRIMINAL PETITION No.801 OF 2021 Date : 10-02-2021 ARR