Andhra Pradesh High Court - Amravati
Thogur Arthar, vs The State Of Andhra Pradesh, on 28 September, 2022
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
IN THE HIGH COURT OF ANDHRA PRADESH:: AMARAVATI
THE HON'BLE SRI JUSTICE NINALA JAYASURYA
CRIMINAL PETITION No.7817 OF 2022
Between:-
T.Arthar .... Petitioner/A.5
And
1) The State of Andhra Pradesh,
represented by its Public Prosecutor,
High Court of Andhra Pradesh,
Amaravathi.
2) K.Krishnudu, A.S.I.,
Muchumarri Police Station,
Kurnool District. .... Respondents
Counsel for the Petitioner : Mr.Kochiri Raja Shekar
Counsel for the 1st Respondent : Learned Assistant Public Prosecutor
Counsel for the 2nd Respondent : --
ORDER:
This petition is filed under Section 482 of Cr.P.C, seeking to quash the proceedings against the petitioner, who is the accused in C.C.No.6268 of 2020 on the file of the Learned Special Mobile Court, Kurnool, Kurnool District, registered for the offences punishable under Section 188 of IPC and Section 32 of Police Act, 1861.
2. The Station House Officer, Muchumarri Police Station basing on the special report dated 09.04.2019 registered the crime against the petitioners on the ground that on that day at about 20.30 hours the petitioner along with other accused have organized public meeting without taking prior permission from the concerned, while Section 144 of IPC and Section 30 of the Police Act are in force in the District, they also violated the Model Code of Conduct and disobedience of the orders lawfully promulgated by a Public Servant. 2
3. Heard the counsel for the petitioner and the learned Assistant Public Prosecutor appearing for the 1st respondent-State.
4. The learned counsel for the petitioner submits that in similar circumstances, this Court by an order dated 02.11.2018 passed in Crl.P.No.9488 of 2011 (Smt.Kavitha vs. State of Telangana) and Velagapudi Babu Rao vs. State of A.P., [2012 (3) ALT (Crl.) 231] quashed the proceedings against the accused therein.
5. The learned counsel for the petitioner, inter alia, submits that in the instant case, the Crime is registered against the petitioner on the complaint lodged by an A.S.I of Police, who is not a Public Servant in terms of Section 195(1) of Cr.P.C., and the same is therefore liable to be quashed. Referring to Section 188 of IPC and Section 195(1) of Cr.P.C., the learned counsel would urge that no Court shall take cognizance of offences punishable under Sections 172 to 188 of IPC except on the complaint in writing of the Public Servant concerned or some other Public Servant to whom he is administratively subordinate.
6. In Velagapudi Babu Rao, it was held that to attract the offence under Section 188 of IPC, a complaint has to be filed by the concerned Public Servant and that the Sub Inspector of Police could not be said to be a public servant within the meaning of Section 195(1) of the Criminal Procedure Code. In Criminal Petition No.9488 of 2011, this Court following the decisions in 3 Velagapudi Babu Rao, and the decision of the Hon'ble Supreme Court in Megha Singh vs. State of Haryana [(1996) 11 SCC 709] quashed the proceedings against the petitioner holding that the Police Officer being the complainant, should not have proceeded with the investigation.
7. As noted above, the defacto complainant is a Assistant Sub Inspector of Police and when the Sub Inspector of Police could not be said to be a Public Servant, the A.S.I cannot be treated as Public Servant. In view of the express provision of Section 195(1) of Cr.P.C., no cognizance can be taken by the Court on the complaint of an A.S.I. The said decisions aptly apply to the case on hand.
8. In the light of the above cited decisions and for the reasons alike, the Criminal Petition is allowed, quashing the proceedings against the petitioner/Accused No.5 in C.C.No.626 of 2020 on the file of the Learned Special Mobile Court, Kurnool, Kurnool District. Miscellaneous applications, pending if any, shall stand closed.
As a sequel, miscellaneous applications if any, pending shall stand closed.
__________________ NINALA JAYASURYA, J Date: 28.09.2022 IS 4 THE HON'BLE SRI JUSTICE NINALA JAYASURYA CRIMINAL PETITION No.7817 OF 2022 Date: 28.09.2022 IS