Andhra Pradesh High Court - Amravati
Shaik Akkampeta Khaja Yousuf, vs The State Of Andhra Pradesh, on 21 June, 2021
Author: Cheekati Manavendranath Roy
Bench: Cheekati Manavendranath Roy
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
CRIMINAL PETITION No.3294 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.111 of 2021 of Porumamilla Police Station, YSR Kadapa District.
Heard learned counsel for the petitioner and the learned Additional Public Prosecutor for the State.
The 2nd respondent, who is the de facto complainant, working as Mandal Revenue Officer of Porumamilla Mandal, who is also an Executive Magistrate, has lodged report with the police stating that the petitioner herein along with others entered his office and entered into an altercation with him and abused him in unparliamentary language and they all behaved like rowdies and prevented him from discharging his duties from 11:30 A.M., to 12:30 noon. The said report was registered as a case in the above crime for the offence punishable under Section 353 IPC. The said case is now under investigation.
Learned counsel for the petitioner seeks quash of the said F.I.R on the ground that the ingredients of Section 353 IPC are not attracted in this case in as much as there is no allegation of assault made against the public servant as required under Section 353 IPC. Therefore, he prayed for quash of the F.I.R on the said ground.
2
As can be seen from the contents of the F.I.R, there is a clear allegation of assault made against the petitioner. The said allegations made in the F.I.R that the petitioner entered the office of the M.R.O and entered into an altercation with him along with others and abused him in filthy language and created a scene in the office preventing him from discharging his duties, clearly comes under the purview of the definition of "assault" as defined under Section 351 IPC. Therefore, the facts of the case prima facie constitute an offence punishable under Section 353 IPC. So, the matter requires investigation to find out the truth or otherwise of the said allegations. There are absolutely no valid legal grounds emanating from the record warranting interference of this Court under Section 482 Cr.P.C either to quash the F.I.R or to interdict the investigation. So, the petition lacks merit.
Therefore, the Criminal Petition is dismissed. However, as the offence registered against the petitioner is punishable with less than seven (07) years period of imprisonment, the Investigating Officer is directed to follow the procedure contemplated under Section 41A Cr.P.C.
Miscellaneous petitions, if any pending, in the Criminal Petition, shall stand closed.
______________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY Date: 21.06.2021 Note: Issue CC by 23.06.2021 B/o AKN 3 THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY CRIMINAL PETITION No.3294 of 2021 Date: 21-06-2021 AKN