Indian Kanoon - Search engine for Indian Law

Andhra Pradesh High Court - Amravati

Tammisetty Chakravarthy vs State Of Andhra Pradesh, on 13 July, 2021

Author: Cheekati Manavendranath Roy

Bench: Cheekati Manavendranath Roy

                                1
                                                                 CMR, J.
                                                    Crl.P.No.3618 of 2021




THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

               Criminal Petition No.3618 of 2021
ORDER:

This Criminal Petition under Section 482 Cr.P.C. is filed seeking quash of the charge-sheet in C.C.No.2812 of 2020 on the file of the I Additional Chief Metropolitan Magistrate, Vijayawada, Krishna District.

2) Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the respondents.

3) As per the version of the prosecution, the Central Government has declared lockdown from 24.03.2020 due to the pandemic situation and pursuant to the orders of the Central Government, the State Government of Andhra Pradesh has also declared lockdown in certain areas as containment zones to prevent spread of Carona virus. The District Collector, Krishna at Machilipatnam, and the Commissioner of Police, Vijayawada City, issued prohibitory orders in this regard. On 06.04.2020 at 11.30 hours, it is stated that while the Sub-Inspector of Police, Machavaram Police Station, Vijayawada City, was discharging his duties to prevent the public from coming on to the roads in violation of the order issued by the Commissioner of Police, Vijayawada City, the petitioners herein, who are the accused, gathered for their political benefits near Ramalayam, Coco cola Street, Maruthi Nagar, Vijayawada, and when the Sub-Inspector of Police questioned them, accused No.1 stated that he is the Chairman and State President of A.P. B.C. Federation and that 2 CMR, J.

accused No.2 is contesting for the post of Corporator in the ensuing elections and as such, they have conducted the meeting. Therefore, as it is found that the petitioners have violated the prohibitory order issued, the Sub-Inspector of Police took all of them into custody for violating the prohibitory order and brought them to the police station and registered a case against them. After completing investigation, charge-sheet under Sections 188, 269 r/w.149 of IPC and Section 51 (b) of the Disaster Management Act, 2005, was filed against the petitioners. The said case is now pending trial.

4) Learned counsel for the petitioners would submit that no complaint was lodged by the authority, who issued the prohibitory order, and as such, in view of the bar contained in Section 195(1) Cr.P.C. that prosecution under Section 188 of IPC is not maintainable. He would then contend that even the facts of the case do not constitute any offence under Section 269 of IPC and Section 51(b) of the Disaster Management Act. Therefore, he prayed to quash the charge-sheet.

5) Learned Additional Public Prosecutor for the respondents would submit that a clear case under Section 269 of IPC and Section 51(b) of the Disaster Management Act is made out from the facts of the case and as such, the charge-sheet is not liable to be quashed for the said offences.

6) As regards the offence punishable under Section 188 of IPC is concerned, as rightly contended by the learned counsel 3 CMR, J.

for the petitioners, the bar under Section 195(1) Cr.P.C. is clearly attracted. Section 195(1) Cr.P.C. envisages that no Court shall take cognizance of any offence punishable under Sections 172 to 188 (both inclusive) of IPC except on the complaint in writing made by the public servant concerned or some other public servant to whom he is administratively subordinate. The public servant concerned means the officer, who has promulgated or issued the said prohibitory order has to make a complaint in writing. In the instant case, since it is stated that the prohibitory order was issued by the Commissioner of Police in the metropolitan area and the District Collector in the other areas in Krishna District, it is the said authority, who is competent under Section 195(1) Cr.P.C. to make a complaint to prosecute the petitioners for the offence punishable under Section 188 IPC. As no such complaint was made by the said concerned authority, the bar under Section 195 Cr.P.C. clearly attracts and the Court cannot take cognizance of the offence under Section 188 IPC. Therefore, to that extent the contention of the learned counsel for the petitioners is legally sustainable and the charge-sheet filed for the offence under Section 188 IPC is liable to be quashed.

7) As regards the offence under Section 269 IPC and Section 51(b) of the Disaster Management Act is concerned, the facts of the case clearly show that the petitioners have gathered unlawfully on the road near Ramalayam, Coco cola Street, Maruthi Nagar, Vijayawada, contrary to the direction issued by 4 CMR, J.

the Government declaring lockdown to prevent spread of Covid virus. Therefore, there are no valid legal grounds emanating from the record for the purpose of quashing the charge-sheet for the offences punishable under Section 269 IPC and Section 51(b) of the Disaster Management Act.

8) Although it is contended by the learned counsel for the petitioners that the said allegations are not true, the same has to be decided only during the course of trial after appreciation of the evidence on record in the final adjudication of the case by the trial Court. At this stage, this Court cannot go into the disputed question of fact regarding the truth or otherwise of the said allegations in a petition filed under Section 482 Cr.P.C. for quash of the charge-sheet.

9) In the result, the Criminal Petition is partly allowed quashing the charge-sheet for the offence punishable under Section 188 IPC. The charge-sheet for the other offences under Sections 269 r/w.149 IPC and Section 51(b) of the Disaster Management Act, 2005, holds good and the trial shall go on.

The miscellaneous petitions pending, if any, shall also stand closed.

________________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY Date:13.07.2021.

cs