Andhra Pradesh High Court - Amravati
Gandepalli Rama Devi, vs State Of Ap on 16 February, 2024
IN THE HIGH COURT OF ANDHRA PRADESH ::
AMARAVATI
(Special Original Jurisdiction)
[ 3330 ]
FRIDAY ,THE SIXTEENTH DAY OF FEBRUARY
AP
HC010241202019 TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO
CRIMINAL PETITION NO: 4674 OF 2019
Between:
1. Gandepalli Rama Devi,, W/o. Gandepalli Srinivas, Hindu, Aged
40 years, Advocate, Flat No 106, Sivakrishna Residency, Gandhi
Nagar, Machilipatnam, Krishna District.
...PETITIONER/ACCUSED(S)
AND
1. STATE OF AP, Rep by its Public Prosecutor, High Court of
Andhra Pradesh, Amarava hi
2. Moganti Rama Santhi, D/o. Ramanjaneyulu, Hindu, aged 35
years, Advocate, R/o.D.No. 20/516- 2-3, NGO's Colony,
Paraspet, Machilipatnam, Krishna District.
...RESPONDENT/COMPLAINANTS
Petition under Section 437/438/439/482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court filed to QUASH the Criminal Case in C.C. No.408 of 2019 on the file of Court of the II Addl. Judicial Magistrate of I Class, Machilipatnam, Krishna District I.A. NO: 1 OF 2019 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased pleased to dispense with the filing of the certified copy of Charge Sheet in C.C. No.408 of 2019 on the file of Court of the II Addl. Judicial Magistrate of I Class, Machilipatnam, Krishna District till the disposal of Main Quash Petition I.A. NO: 2 OF 2019 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal 2 Petition,the High Court may be pleased to grant stay of all further proceedings including the appearance of the petitioner in Cc 408/2019 on the file of the court of II Addl. Judicial magistrate of I class, Machilipatnam till the disposal of the main criminal petition This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri NARASIMHA RAO GUDISEVA ,Advocate for the Petitioner and the Public Prosecutor (TG/AP) on behalf of the Respondent No. and of Sri_Advocate for the Respondent No. The Court made the following:
The present criminal petition is filed by the petitioner/accused seeking to quash the proceedings in C.C.No.408 of 2019 on the file of learned II Additional Judicial Magistrate of First Class, Machilipatnam, Krishna District.
2. The issue in the present criminal petition pertains to legal issue, the said legal issue is that, whether the learned Magistrate should give reasons for empowering the police officer to investigate the non-cognizable case? This Court in S.Yadagiri Reddy and others v. State of Andhra Pradesh 1, following the judgment of Sajjal Agawal and another v. State of Andhra Pradesh2, held that, it is desirable that the learned Magistrate should give reasons for empowering a police officer to investigate a non-cognizable case, so that an aggrieved party will be in a 1 2019 (1) ALD(Crl.)939 2 2011(1) ALT (Crl.) 59 (S.B.) 3 position to know for what reasons his application was considered or not considered and in opinion of the Court that the learned Magistrate should not be causal in granting permission under Section 155(2) of Cr.P.C. simply because a police officer requested for such permission. The learned Magistrate has to consider entire gamut of the case and take into account whether a police officer will be in a position to collect better material during investigation than the complainant himself furnishing material in support of his case. Otherwise, there is every possibility of misuse of Section 155(2) of Cr.P.C in case such a power is given to any unscrupulous police officer misusing his official position and harassing the named accused persons.
3. Whereas, in the present case also the learned Magistrate has not assailed any reasons, simply it is stated permission is hereby recorded under Section 155(2) of Cr.P.C. to register a case for the offence punishable under Section 506 of I.P.C.
4. The legal question that was raised in the criminal petition is squarely covered by the judgments referred supra.
5. Hence, the Criminal Petition is allowed. The proceedings against the petitioner/accused in C.C.No.408 of 2019 on the file 4 of learned II Additional Judicial Magistrate of First Class, Machilipatnam, Krishna District are hereby quashed.
As a sequel, miscellaneous petitions, if any, pending in this Criminal Petition shall stand closed.
________________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date:16.02.2024 KBN 5 122 THE HON'BLE SRI JUSTICE TARLADA RAJASEKHARA RAO CRIMINAL PETITION No.4674 OF 2019 Date:16-02-2024 KBN