Telangana High Court
Nallabetla Rajaiah vs The State Of Telangana on 13 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.4992 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.108 of 2020 pending on the file of the Station House Officer, Zaffargadh Police Station, Jangaon District. The petitioners herein are Accused Nos.1 and 2 in the said Crime. The offence alleged against them is under Section - 107 of Cr.P.C.
2. Heard Sri D. Bhaskar Reddy, learned counsel for the petitioners, and learned Assistant Public Prosecutor for the respondents. Perused the record.
3. Mr. D. Bhaskar Reddy, 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 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 petitioners has placed reliance on an unreported judgment of Madras High Court dated KL,J Crl.P. No.4992 of 2020 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 petitioners would further submit that basing on the said FIR, respondent No.3 bound over the petitioners for good behaviour for a period of six (06) months i.e., from 04.07.2020 to 04.01.2021, and in default, to forfeit a sum of Rs.1.00 lakh. While the things stood thus, respondent No.2 has filed a petition on 28.08.2020 before respondent No.3 with a request for forfeiture of the bonds and, thereafter, respondent No.3 has issued a notice on 01.09.2020 to the petitioners on the ground that they have 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.1.00 lakh within seven days.
5. The learned counsel for the petitioners would further submit that thereafter respondent No.3 has issued order in proceedings MC No.B/980/2020, dated 15.09.2020 stating that respondent No.2 has filed report before him that the petitioners have trespassed into the agricultural land of one Nallabetla Rajamma, while she was attending to the work in the land with Tractor and picked up quarrel, abused her in a filthy language and beat her with sticks, pursuant thereto, a case in Crime No.102 of 2020 was registered under Sections 447, 341, 324, 294 (b), 506 read with 34 IPC and that if the petitioners let free, they may commit cognizable offence and, therefore, in order to prevent such type of offence, the petitioners were sent before respondent No.3 KL,J Crl.P. No.4992 of 2020 3 to bind over them and accordingly, respondent No.3 obtained bonds from them for Rs.1.00 lakh. He would further submit that since the petitioners have committed breach of bond executed earlier and since they have not given any reply for the notice issued by respondent No.3 and since the petitioners committed the offence on 29.06.2020, respondent No.2 was directed to take the petitioners 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 petitioners were sent to the Central Prison, Warangal, and from then onwards they are in jail. In view of the same, the petitioners have filed I.A. No.1 of 2020 to order for their release.
6. The learned counsel for the petitioners would further submit that there are civil disputes pending between the father of petitioner No.1 and the complainant vide O.S. No.489 of 2019 on the file of VII Additional Junior Civil Judge at Warangal, and a Crime No.102 of 2020 was also registered against the petitioners. But, respondent No.3 without looking into the said aspects, including Crime No.102 of 2020, 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.108 of 2020 for KL,J Crl.P. No.4992 of 2020 4 the offence punishable under Section - 107 of Cr.P.C. against the petitioners. 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.
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 petitioners.
10. Accordingly, the Criminal Petition is allowed and the proceedings in Crime No.108 of 2020 on the file of the Station House Officer, Zaffargadh Police Station, Jangaon District, against the petitioners - Accused Nos.1 and 2 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 petitioners were arrested KL,J Crl.P. No.4992 of 2020 5 and they are in judicial remand from 15.09.2020. The said warrant of imprisonment dated 15.09.2020 is pursuant to the proceedings in Crime No.108 of 2020 for the offence under Section 107 of Cr.P.C. But, in view of the quashment of the said proceedings in Crime No.108 of 2020 against the petitioners herein, for the reasons stated above, the petitioners are 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 petitioners - accused Nos.1 and 2, who were remanded in Crime No.108 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 13th October, 2020 Note:
Furnish C.C. of order by 14.10.2020 (B/O.) Mgr