Andhra Pradesh High Court - Amravati
Burragani Doraswamy vs The State Of Andhra Pradesh on 17 January, 2022
Author: Cheekati Manavendranath Roy
Bench: Cheekati Manavendranath Roy
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
CRIMINAL PETITION No.7723 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.526 of 2021 of Chittoor II Town Police Station registered for the offences punishable under Sections 353, 341, 506 IPC against the petitioner.
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The de facto complainant, who is the 3rd respondent herein, is an employee working as DM&HO of Chittoor District. He lodged a report with the police alleging that on 15.09.2021 at about 05.00 P.M. when he was in his office discharging his official duties that the petitioner entered into his chamber without his permission and insisted him to provide jobs of staff nurse to the persons named by him or else to give money to him and that he has also threatened him to see his end and that he has restrained him from moving in any direction. It is also stated in the report that the petitioner has also created a Whatsapp group and that he has been threatening the de facto complainant with dire consequences through Whatsapp also. The said report was registered as a case in the above crime for the offences punishable under Sections 353, 341, 506 IPC and the same is under investigation.
Learned counsel for the petitioner would submit that the alleged offence took place on 15.09.2021 and the F.I.R was lodged on 20.10.2021 and as such there is inordinate delay in lodging the 2 F.I.R. He would further submit that the persons, who are named as witnesses in the F.I.R, are not on duty at that time and they were elsewhere and as such it is a false case foisted against the petitioner. Therefore, he would pray for quash of the said F.I.R registered against the petitioner.
Learned Additional Public Prosecutor opposed the Criminal Petition. He would submit that clear allegations are made in the F.I.R by the de facto complainant who is a public servant stating that the petitioner has entered his chamber without his permission while he was on duty and obstructed him from discharging his official duties and threatened him with dire consequences. Therefore, he would submit that the matter requires investigation to find out the truth or otherwise of the said allegations. So, he would pray for dismissal of the Criminal Petition.
Admittedly, the de facto complainant is an employee working as a DM & HO. Therefore, he is undoubtedly a public servant. A clear allegation has been made in the F.I.R stating that on 15.09.2021 that the petitioner has entered his chamber without his permission while he was on duty and insisted him to provide jobs to the persons named by him as staff nurse or to give money and also threatened him with dire consequences and restrained him from moving in any direction. These allegations clearly constitute the offences punishable under Sections 353, 341 and 506 IPC. Therefore, the matter requires investigation to find out the truth or otherwise of the said allegations. Mere delay in lodging the F.I.R by itself cannot be a valid legal ground for quash of the F.I.R. Every delay in lodging the F.I.R is not fatal to the case of the 3 prosecution. It is only unexplained delay that would be fatal to the case of the prosecution. If the delay is explained and if the explanation is accepted, it will not have any adverse effect on the case of the prosecution. Therefore, this Court does not find any acceptable and valid legal grounds emanating from the record warranting its interference under Section 482 Cr.P.C either to quash the F.I.R or to interdict the investigation. As it is a case relating to assault on a public servant while he was in official duty, this is not a fit case for quash of the F.I.R.
Resultantly, the Criminal Petition is dismissed. Miscellaneous petitions, if any pending, in the Criminal Petition, shall stand closed.
_____________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY Date: 17.01.2022 AKN 4 THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY CRIMINAL PETITION No.7723 of 2021 Date: 17-01-2022 AKN